IB

104TH CONGRESS

1ST SESSION H. R. 2546

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 6, 1995

Ordered to be printed with the amendments of the Senate numbered

AN ACT

Making appropriations for the government of the District

of Columbia and other activities chargeable in whole

or in part against the revenues of said District for the

fiscal year ending September 30, 1996, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 Ω1æThat the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 District of Columbia for the fiscal year ending September

6 30, 1996, and for other purposes, namely:

7 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

8 For payment to the District of Columbia for the fiscal

9 year ending September 30, 1996, $660,000,000, as au-
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1 thorized by section 502(a) of the District of Columbia

2 Self-Government and Governmental Reorganization Act,

3 Public Law 93–198, as amended (D.C. Code, sec. 47–

4 3406.1).

5 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

6 For the Federal contribution to the Police Officers

7 and Fire Fighters’, Teachers’, and Judges’ Retirement

8 Funds, as authorized by the District of Columbia Retire9 ment Reform Act, approved November 17, 1979 (93 Stat.

10 866; Public Law 96–122), $52,000,000.

11 DIVISION OF EXPENSES

12 The following amounts are appropriated for the Dis13 trict of Columbia for the current fiscal year out of the

14 general fund of the District of Columbia, except as other15 wise specifically provided.

16 GOVERNMENTAL DIRECTION AND SUPPORT

17 Governmental direction and support, $149,793,000

18 and 1,465 full-time equivalent positions (end of year) (in19 cluding $118,167,000 and 1,125 full-time equivalent posi20 tions from local funds, $2,464,000 and 5 full-time equiva21 lent positions from Federal funds, $4,474,000 and 71 full22 time equivalent positions from other funds, and

23 $24,688,000 and 264 full-time equivalent positions from

24 intra-District funds): Provided, That not to exceed $2,500

25 for the Mayor, $2,500 for the Chairman of the Council
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1 of the District of Columbia, and $2,500 for the City Ad2 ministrator shall be available from this appropriation for

3 expenditures for official purposes: Provided further, That

4 any program fees collected from the issuance of debt shall

5 be available for the payment of expenses of the debt man6 agement program of the District of Columbia: Provided

7 further, That $29,500,000 is used for pay-as-you-go cap8 ital projects of which $1,500,000 shall be used for a cap9 ital needs assessment study, and $28,000,000 shall be

10 used for a new financial management system of which

11 $2,000,000 shall be used to develop a needs analysis and

12 assessment of the existing financial management environ13 ment, and the remaining $26,000,000 shall be used to

14 procure the necessary hardware and installation of new

15 software, conversion, testing and training: Provided fur16 ther, That the $26,000,000 shall not be obligated or ex17 pended until: (1) the District of Columbia Financial Re18 sponsibility and Management Assistance Authority sub19 mits a report to the General Accounting Office within 90

20 days after the date of enactment of this Act reporting the

21 results of the needs analysis and assessment of the exist22 ing financial management environment, specifying the de23 ficiencies in, and recommending necessary improvements

24 to or replacement of the District’s financial management

25 system including a detailed explanation of each rec-
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1 ommendation and its estimated cost; (2) the General Ac2 counting Office reviews the Authority’s report and for3 wards it along with such comments or recommendations

4 as deemed appropriate on any matter contained therein

5 to the Committees on Appropriations of the House and

6 the Senate, the Committee on Governmental Reform and

7 Oversight of the House, and the Committee on Govern8 mental Affairs of the Senate within 60 days from receipt

9 of the report; and (3) 30 days lapse after receipt by Con10 gress of the General Accounting Office’s comments or rec11 ommendations.

12 ECONOMIC DEVELOPMENT AND REGULATION

13 Economic development and regulation, $139,285,000

14 and 1,692 full-time equivalent positions (end-of-year) (in15 cluding $66,505,000 and 696 full-time equivalent posi16 tions from local funds, $38,792,000 and 509 full-time

17 equivalent positions from Federal funds, $17,658,000 and

18 260 full-time equivalent positions from other funds, and

19 $16,330,000 and 227 full-time equivalent positions from

20 intra-District funds): Provided, That the District of Co21 lumbia Housing Finance Agency, established by section

22 201 of the District of Columbia Housing Finance Agency

23 Act, effective March 3, 1979 (D.C. Law 2–135; D.C.

24 Code, sec. 45–2111), based upon its capability of repay25 ments as determined each year by the Council of the Dis-
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1 trict of Columbia from the Housing Finance Agency’s an2 nual audited financial statements to the Council of the

3 District of Columbia, shall repay to the general fund an

4 amount equal to the appropriated administrative costs

5 plus interest at a rate of four percent per annum for a

6 term of 15 years, with a deferral of payments for the first

7 three years: Provided further, That notwithstanding the

8 foregoing provision, the obligation to repay all or part of

9 the amounts due shall be subject to the rights of the own10 ers of any bonds or notes issued by the Housing Finance

11 Agency and shall be repaid to the District of Columbia

12 government only from available operating revenues of the

13 Housing Finance Agency that are in excess of the amounts

14 required for debt service, reserve funds, and operating ex15 penses: Provided further, That upon commencement of the

16 debt service payments, such payments shall be deposited

17 into the general fund of the District of Columbia.

18 PUBLIC SAFETY AND JUSTICE

19 Public safety and justice, including purchase of 135

20 passenger-carrying vehicles for replacement only, includ21 ing 130 for police-type use and five for fire-type use, with22 out regard to the general purchase price limitation for the

23 current fiscal year, $954,106,000 and 11,544 full-time

24 equivalent positions (end-of-year) (including $930,889,000

25 and 11,365 full-time equivalent positions from local funds,
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1 $8,942,000 and 70 full-time equivalent positions from

2 Federal funds, $5,160,000 and 4 full-time equivalent posi3 tions from other funds, and $9,115,000 and 105 full-time

4 equivalent positions from intra-District funds): Provided,

5 That the Metropolitan Police Department is authorized to

6 replace not to exceed 25 passenger-carrying vehicles and

7 the Fire Department of the District of Columbia is au8 thorized to replace not to exceed five passenger-carrying

9 vehicles annually whenever the cost of repair to any dam10 aged vehicle exceeds three-fourths of the cost of the re11 placement: Provided further, That not to exceed $500,000

12 shall be available from this appropriation for the Chief of

13 Police for the prevention and detection of crime: Provided

14 further, That the Metropolitan Police Department shall

15 provide quarterly reports to the Committees on Appropria16 tions of the House and Senate on efforts to increase effi17 ciency and improve the professionalism in the department:

18 Provided further, That notwithstanding any other provi19 sion of law, or Mayor’s Order 86–45, issued March 18,

20 1986, the Metropolitan Police Department’s delegated

21 small purchase authority shall be $500,000: Provided fur22 ther, That the District of Columbia government may not

23 require the Metropolitan Police Department to submit to

24 any other procurement review process, or to obtain the ap25 proval of or be restricted in any manner by any official
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1 or employee of the District of Columbia government, for

2 purchases that do not exceed $500,000: Provided further,

3 That the Metropolitan Police Department shall employ an

4 authorized level of sworn officers not to be less than 3,800

5 sworn officers for the fiscal year ending September 30,

6 1996: Provided further, That funds appropriated for ex7 penses under the District of Columbia Criminal Justice

8 Act, approved September 3, 1974 (88 Stat. 1090; Public

9 Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the

10 fiscal year ending September 30, 1996, shall be available

11 for obligations incurred under the Act in each fiscal year

12 since inception in the fiscal year 1975: Provided further,

13 That funds appropriated for expenses under the District

14 of Columbia Neglect Representation Equity Act of 1984,

15 effective March 13, 1985 (D.C. Law 5–129; D.C. Code,

16 sec. 16–2304), for the fiscal year ending September 30,

17 1996, shall be available for obligations incurred under the

18 Act in each fiscal year since inception in the fiscal year

19 1985: Provided further, That funds appropriated for ex20 penses under the District of Columbia Guardianship, Pro21 tective Proceedings, and Durable Power of Attorney Act

22 of 1986, effective February 27, 1987 (D.C. Law 6–204;

23 D.C. Code, sec. 21–2060), for the fiscal year ending Sep24 tember 30, 1996, shall be available for obligations in25 curred under the Act in each fiscal year since inception
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1 in fiscal year 1989: Provided further, That not to exceed

2 $1,500 for the Chief Judge of the District of Columbia

3 Court of Appeals, $1,500 for the Chief Judge of the Supe4 rior Court of the District of Columbia, and $1,500 for the

5 Executive Officer of the District of Columbia Courts shall

6 be available from this appropriation for official purposes:

7 Provided further, That the District of Columbia shall oper8 ate and maintain a free, 24-hour telephone information

9 service whereby residents of the area surrounding Lorton

10 prison in Fairfax County, Virginia, can promptly obtain

11 information from District of Columbia government offi12 cials on all disturbances at the prison, including escapes,

13 riots, and similar incidents: Provided further, That the

14 District of Columbia government shall also take steps to

15 publicize the availability of the 24-hour telephone informa16 tion service among the residents of the area surrounding

17 the Lorton prison: Provided further, That not to exceed

18 $100,000 of this appropriation shall be used to reimburse

19 Fairfax County, Virginia, and Prince William County, Vir20 ginia, for expenses incurred by the counties during the fis21 cal year ending September 30, 1996, in relation to the

22 Lorton prison complex: Provided further, That such reim23 bursements shall be paid in all instances in which the Dis24 trict requests the counties to provide police, fire, rescue,

25 and related services to help deal with escapes, fires, riots,
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1 and similar disturbances involving the prison: Provided

2 further, That the Mayor shall reimburse the District of

3 Columbia National Guard for expenses incurred in connec4 tion with services that are performed in emergencies by

5 the National Guard in a militia status and are requested

6 by the Mayor, in amounts that shall be jointly determined

7 and certified as due and payable for these services by the

8 Mayor and the Commanding General of the District of Co9 lumbia National Guard: Provided further, That such sums

10 as may be necessary for reimbursement to the District of

11 Columbia National Guard under the preceding proviso

12 shall be available from this appropriation, and the avail13 ability of the sums shall be deemed as constituting pay14 ment in advance for emergency services involved.

15 PUBLIC EDUCATION SYSTEM

16 Public education system, including the development

17 of national defense education programs, $788,983,000

18 and 11,670 full-time equivalent positions (end-of-year)

19 (including $670,833,000 and 9,996 full-time equivalent

20 positions from local funds, $87,385,000 and 1,227 full21 time equivalent positions from Federal funds,

22 $21,719,000 and 234 full-time equivalent positions from

23 other funds, and $9,046,000 and 213 full-time equivalent

24 positions from intra-District funds), to be allocated as fol25 lows: $577,242,000 and 10,167 full-time equivalent posi-
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1 tions (including $494,556,000 and 9,014 full-time equiva2 lent positions from local funds, $75,786,000 and 1,058

3 full-time equivalent positions from Federal funds,

4 $4,343,000 and 44 full-time equivalent positions from

5 other funds, and $2,557,000 and 51 full-time equivalent

6 positions from intra-District funds), for the public schools

7 of the District of Columbia; $109,175,000 from local

8 funds shall be allocated for the District of Columbia

9 Teachers’ Retirement Fund; $79,269,000 and 1,079 full10 time equivalent positions (including $45,250,000 and 572

11 full-time equivalent positions from local funds,

12 $10,611,000 and 156 full-time equivalent positions from

13 Federal funds, $16,922,000 and 189 full-time equivalent

14 positions from other funds, and $6,486,000 and 162 full15 time equivalent positions from intra-District funds) for the

16 University of the District of Columbia; $21,062,000 and

17 415 full-time equivalent positions (including $20,159,000

18 and 408 full-time equivalent positions from local funds,

19 $446,000 and 6 full-time equivalent positions from Fed20 eral funds, $454,000 and 1 full-time equivalent position

21 from other funds, and $3,000 from intra-District funds)

22 for the Public Library; $2,267,000 and 9 full-time equiva23 lent positions (including $1,725,000 and 2 full-time equiv24 alent positions from local funds and $542,000 and 7 full25 time equivalent positions from Federal funds) for the
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1 Commission on the Arts and Humanities; $64,000 from

2 local funds for the District of Columbia School of Law

3 and a reduction of $96,000 for the Education Licensure

4 Commission: Provided, That the public schools of the Dis5 trict of Columbia are authorized to accept not to exceed

6 31 motor vehicles for exclusive use in the driver education

7 program: Provided further, That not to exceed $2,500 for

8 the Superintendent of Schools, $2,500 for the President

9 of the University of the District of Columbia, and $2,000

10 for the Public Librarian shall be available from this appro11 priation for expenditures for official purposes: Provided

12 further, That this appropriation shall not be available to

13 subsidize the education of nonresidents of the District of

14 Columbia at the University of the District of Columbia,

15 unless the Board of Trustees of the University of the Dis16 trict of Columbia adopts, for the fiscal year ending Sep17 tember 30, 1996, a tuition rate schedule that will establish

18 the tuition rate for nonresident students at a level no

19 lower than the nonresident tuition rate charged at com20 parable public institutions of higher education in the met21 ropolitan area.

22 HUMAN SUPPORT SERVICES

23 Human support services, $1,845,638,000 and 6,469

24 full-time equivalent positions (end-of-year) (including

25 $1,067,516,000 and 3,650 full-time equivalent positions
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1 from local funds, $726,685,000 and 2,639 full-time equiv2 alent positions from Federal funds, $46,763,000 and 66

3 full-time equivalent positions from other funds, and

4 $4,674,000 and 114 full-time equivalent positions from

5 intra-District funds): Provided, That $26,000,000 of this

6 appropriation, to remain available until expended, shall be

7 available solely for District of Columbia employees’ dis8 ability compensation: Provided further, That the District

9 shall not provide free government services such as water,

10 sewer, solid waste disposal or collection, utilities, mainte11 nance, repairs, or similar services to any legally con12 stituted private nonprofit organization (as defined in sec13 tion 411(5) of Public Law 100–77, approved July 22,

14 1987) providing emergency shelter services in the District,

15 if the District would not be qualified to receive reimburse16 ment pursuant to the Stewart B. McKinney Homeless As17 sistance Act, approved July 22, 1987 (101 Stat. 485; Pub18 lic Law 100–77; 42 U.S.C. 11301 et seq.).

19 PUBLIC WORKS

20 Public works, including rental of one passenger-car21 rying vehicle for use by the Mayor and three passenger22 carrying vehicles for use by the Council of the District of

23 Columbia and purchase of passenger-carrying vehicles for

24 replacement only, $297,326,000 and 1,914 full-time equiv25 alent positions (end-of-year) (including $225,673,000 and
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1 1,158 full-time equivalent positions from local funds,

2 $2,682,000 and 32 full-time equivalent positions from

3 Federal funds, $18,342,000 and 68 full-time equivalent

4 positions from other funds, and $50,629,000 and 656 full5 time equivalent positions from intra-District funds): Pro6 vided, That this appropriation shall not be available for

7 collecting ashes or miscellaneous refuse from hotels and

8 places of business.

9 WASHINGTON CONVENTION CENTER FUND

10 For payment to the Washington Convention Center

11 Fund, $5,400,000 from local funds.

12 REPAYMENT OF LOANS AND INTEREST

13 For reimbursement to the United States of funds

14 loaned in compliance with An Act to provide for the estab15 lishment of a modern, adequate, and efficient hospital cen16 ter in the District of Columbia, approved August 7, 1946

17 (60 Stat. 896; Public Law 79–648); section 1 of An Act

18 to authorize the Commissioners of the District of Colum19 bia to borrow funds for capital improvement programs and

20 to amend provisions of law relating to Federal Govern21 ment participation in meeting costs of maintaining the

22 Nation’s Capital City, approved June 6, 1958 (72 Stat.

23 183; Public Law 85–451; D.C. Code, sec. 9–219); section

24 4 of An Act to authorize the Commissioners of the District

25 of Columbia to plan, construct, operate, and maintain a
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1 sanitary sewer to connect the Dulles International Airport

2 with the District of Columbia system, approved June 12,

3 1960 (74 Stat. 211; Public Law 86–515); sections 723

4 and 743(f) of the District of Columbia Self-Government

5 and Governmental Reorganization Act of 1973, approved

6 December 24, 1973, as amended (87 Stat. 821; Public

7 Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.

8 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

9 including interest as required thereby, $327,787,000 from

10 local funds.

11 REPAYMENT OF GENERAL FUND RECOVERY DEBT

12 For the purpose of eliminating the $331,589,000

13 general fund accumulated deficit as of September 30,

14 1990, $38,678,000 from local funds, as authorized by sec15 tion 461(a) of the District of Columbia Self-Government

16 and Governmental Reorganization Act, approved Decem17 ber 24, 1973, as amended (105 Stat. 540; Public Law

18 102–106; D.C. Code, sec. 47–321(a)).

19 SHORT-TERM BORROWING

20 For short-term borrowing, $9,698,000 from local

21 funds.

22 PAY RENEGOTIATION OR REDUCTION

23 IN COMPENSATION

24 The Mayor shall reduce appropriations and expendi25 tures for personal services in the amount of $46,409,000,
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1 by decreasing rates of compensation for District govern2 ment employees; such decreased rates are to be realized

3 for employees who are subject to collective bargaining

4 agreements to the extent possible through the renegoti5 ation of existing collective bargaining agreements: Pro6 vided, That, if a sufficient reduction from employees who

7 are subject to collective bargaining agreements is not real8 ized through renegotiating existing agreements, the Mayor

9 shall decrease rates of compensation for such employees,

10 notwithstanding the provisions of any collective bargaining

11 agreements.

12 RAINY DAY FUND

13 For mandatory unavoidable expenditures within one

14 or several of the various appropriation headings of this

15 Act, to be allocated to the budgets for personal services

16 and nonpersonal services as requested by the Mayor and

17 approved by the Council pursuant to the procedures in sec18 tion 4 of the Reprogramming Policy Act of 1980, effective

19 September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.

20 47–363), $4,563,000 from local funds: Provided, That the

21 District of Columbia shall provide to the Committees on

22 Appropriations of the House of Representatives and the

23 Senate quarterly reports by the 15th day of the month

24 following the end of the quarter showing how monies pro25 vided under this fund are expended with a final report pro-
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1 viding a full accounting of the fund due October 15, 1996

2 or not later than 15 days after the last amount remaining

3 in the fund is disbursed.

4 INCENTIVE BUYOUT PROGRAM

5 For the purpose of funding costs associated with the

6 incentive buyout program, to be apportioned by the Mayor

7 of the District of Columbia within the various appropria8 tion headings in this Act from which costs are properly

9 payable, $19,000,000.

10 OUTPLACEMENT SERVICES

11 For the purpose of funding outplacement services for

12 employees who leave the District of Columbia government

13 involuntarily, $1,500,000.

14 BOARDS AND COMMISSIONS

15 The Mayor shall reduce appropriations and expendi16 tures for boards and commissions under the various head17 ings in this Act in the amount of $500,000.

18 GOVERNMENT RE-ENGINEERING PROGRAM

19 The Mayor shall reduce appropriations and expendi20 tures for personal and nonpersonal services in the amount

21 of $16,000,000 within one or several of the various appro22 priation headings in this Act.
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1 PERSONAL AND NONPERSONAL SERVICES

2 ADJUSTMENTS

3 Notwithstanding any other provision of law, the

4 Mayor shall adjust appropriations and expenditures for

5 personal and nonpersonal services, together with the relat6 ed full-time equivalent positions, in accordance with the

7 direction of the District of Columbia Financial Respon8 sibility and Management Assistance Authority such that

9 there is a net reduction of $148,411,000, within or among

10 one or several of the various appropriation headings in this

11 Act, pursuant to section 208 of Public Law 104–8, ap12 proved April 17, 1995 (109 Stat. 134).

13 CAPITAL OUTLAY

14 (INCLUDING RESCISSIONS)

15 For construction projects, $168,222,000, as author16 ized by An Act authorizing the laying of water mains and

17 service sewers in the District of Columbia, the levying of

18 assessments therefor, and for other purposes, approved

19 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.

20 Code, secs. 43–1512 through 43–1519); the District of

21 Columbia Public Works Act of 1954, approved May 18,

22 1954 (68 Stat. 101; Public Law 83–364); An Act to au23 thorize the Commissioners of the District of Columbia to

24 borrow funds for capital improvement programs and to

25 amend provisions of law relating to Federal Government
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1 participation in meeting costs of maintaining the Nation’s

2 Capital City, approved June 6, 1958 (72 Stat. 183; Public

3 Law 85–451; including acquisition of sites, preparation of

4 plans and specifications, conducting preliminary surveys,

5 erection of structures, including building improvement and

6 alteration and treatment of grounds, to remain available

7 until expended: Provided, That $105,660,000 appro8 priated under this heading in prior fiscal years is re9 scinded: Provided further, That funds for use of each cap10 ital project implementing agency shall be managed and

11 controlled in accordance with all procedures and limita12 tions established under the Financial Management Sys13 tem: Provided further, That all funds provided by this ap14 propriation title shall be available only for the specific

15 projects and purposes intended: Provided further, That

16 notwithstanding the foregoing, all authorizations for cap17 ital outlay projects, except those projects covered by the

18 first sentence of section 23(a) of the Federal-Aid Highway

19 Act of 1968, approved August 23, 1968 (82 Stat. 827;

20 Public Law 90–495; D.C. Code, sec. 7–134, note), for

21 which funds are provided by this appropriation title, shall

22 expire on September 30, 1997, except authorizations for

23 projects as to which funds have been obligated in whole

24 or in part prior to September 30, 1997: Provided further,
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1 That upon expiration of any such project authorization the

2 funds provided herein for the project shall lapse.

3 WATER AND SEWER ENTERPRISE FUND

4 For the Water and Sewer Enterprise Fund,

5 $193,398,000 and 1,024 full-time equivalent positions

6 (end-of-year) (including $188,221,000 and 924 full-time

7 equivalent positions from local funds, $433,000 from other

8 funds, and $4,744,000 and 100 full-time equivalent posi9 tions from intra-District funds), of which $41,036,000

10 shall be apportioned and payable to the debt service fund

11 for repayment of loans and interest incurred for capital

12 improvement projects.

13 For construction projects, $39,477,000, as author14 ized by An Act authorizing the laying of water mains and

15 service sewers in the District of Columbia, the levying of

16 assessments therefor, and for other purposes, approved

17 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.

18 Code, sec. 43–1512 et seq.): Provided, That the require19 ments and restrictions that are applicable to general fund

20 capital improvement projects and set forth in this Act

21 under the Capital Outlay appropriation title shall apply

22 to projects approved under this appropriation title.

23 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

24 For the Lottery and Charitable Games Enterprise

25 Fund, established by the District of Columbia Appropria-
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1 tion Act for the fiscal year ending September 30, 1982,

2 approved December 4, 1981 (95 Stat. 1174, 1175; Public

3 Law 97–91), as amended, for the purpose of implementing

4 the Law to Legalize Lotteries, Daily Numbers Games, and

5 Bingo and Raffles for Charitable Purposes in the District

6 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

7 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

8 $229,907,000 and 88 full-time equivalent positions (end9 of-year) (including $8,099,000 and 88 full-time equivalent

10 positions for administrative expenses and $221,808,000

11 for non-administrative expenses from revenue generated

12 by the Lottery Board), to be derived from non-Federal

13 District of Columbia revenues: Provided, That the District

14 of Columbia shall identify the source of funding for this

15 appropriation title from the District’s own locally-gen16 erated revenues: Provided further, That no revenues from

17 Federal sources shall be used to support the operations

18 or activities of the Lottery and Charitable Games Control

19 Board.

20 CABLE TELEVISION ENTERPRISE FUND

21 For the Cable Television Enterprise Fund, estab22 lished by the Cable Television Communications Act of

23 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

24 Code, sec. 43–1801 et seq.), $2,469,000 and 8 full-time

25 equivalent positions (end-of-year) (including $2,137,000
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1 and 8 full-time equivalent positions from local funds and

2 $332,000 from other funds), of which $690,000 shall be

3 transferred to the general fund of the District of Colum4 bia.

5 STARPLEX FUND

6 For the Starplex Fund, $8,637,000 from other funds

7 for the expenses incurred by the Armory Board in the ex8 ercise of its powers granted by An Act To Establish a Dis9 trict of Columbia Armory Board, and for other purposes,

10 approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–

11 301 et seq.) and the District of Columbia Stadium Act

12 of 1957, approved September 7, 1957 (71 Stat. 619; Pub13 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

14 That the Mayor shall submit a budget for the Armory

15 Board for the forthcoming fiscal year as required by sec16 tion 442(b) of the District of Columbia Self-Government

17 and Governmental Reorganization Act, approved Decem18 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

19 Code, sec. 47–301(b)).

20 D.C. GENERAL HOSPITAL

21 For the District of Columbia General Hospital, estab22 lished by Reorganization Order No. 57 of the Board of

23 Commissioners, effective August 15, 1953, a reduction of

24 $2,487,000 and a reduction of 180 full-time equivalent po25 sitions in intra-District funds.
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1 D.C. RETIREMENT BOARD

2 For the D.C. Retirement Board, established by sec3 tion 121 of the District of Columbia Comprehensive Re4 tirement Reform Act of 1989, approved November 17,

5 1989 (93 Stat. 866; D.C. Code, sec. 1–711), $13,417,000

6 and 11 full-time equivalent positions (end-of-year) from

7 the earnings of the applicable retirement funds to pay

8 legal, management, investment, and other fees and admin9 istrative expenses of the District of Columbia Retirement

10 Board: Provided, That the District of Columbia Retire11 ment Board shall provide to the Congress and to the

12 Council of the District of Columbia a quarterly report of

13 the allocations of charges by fund and of expenditures of

14 all funds: Provided further, That the District of Columbia

15 Retirement Board shall provide the Mayor, for transmittal

16 to the Council of the District of Columbia, an item ac17 counting of the planned use of appropriated funds in time

18 for each annual budget submission and the actual use of

19 such funds in time for each annual audited financial re20 port.

21 CORRECTIONAL INDUSTRIES FUND

22 For the Correctional Industries Fund, established by

23 the District of Columbia Correctional Industries Estab24 lishment Act, approved October 3, 1964 (78 Stat. 1000;

25 Public Law 88–622), $10,048,000 and 66 full-time equiv-
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1 alent positions (end-of-year) (including $3,415,000 and 22

2 full-time equivalent positions from other funds and

3 $6,633,000 and 44 full-time equivalent positions from

4 intra-District funds).

5 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

6 For the Washington Convention Center Enterprise

7 Fund, $37,957,000, of which $5,400,000 shall be derived

8 by transfer from the general fund.

9 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

10 AND MANAGEMENT ASSISTANCE AUTHORITY

11 For the District of Columbia Financial Responsibility

12 and Management Assistance Authority, established by sec13 tion 101(a) of the District of Columbia Financial Respon14 sibility and Management Assistance Act of 1995, approved

15 April 17, 1995 (109 Stat. 97; Public Law 104–8),

16 $3,500,000.

17 GENERAL PROVISIONS

18 SEC. 101. The expenditure of any appropriation

19 under this Act for any consulting service through procure20 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

21 to those contracts where such expenditures are a matter

22 of public record and available for public inspection, except

23 where otherwise provided under existing law, or under

24 existing Executive order issued pursuant to existing law.
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1 SEC. 102. Except as otherwise provided in this Act,

2 all vouchers covering expenditures of appropriations con3 tained in this Act shall be audited before payment by the

4 designated certifying official and the vouchers as approved

5 shall be paid by checks issued by the designated disbursing

6 official.

7 SEC. 103. Whenever in this Act, an amount is speci8 fied within an appropriation for particular purposes or ob9 jects of expenditure, such amount, unless otherwise speci10 fied, shall be considered as the maximum amount that

11 may be expended for said purpose or object rather than

12 an amount set apart exclusively therefor.

13 SEC. 104. Appropriations in this Act shall be avail14 able, when authorized by the Mayor, for allowances for

15 privately owned automobiles and motorcycles used for the

16 performance of official duties at rates established by the

17 Mayor: Provided, That such rates shall not exceed the

18 maximum prevailing rates for such vehicles as prescribed

19 in the Federal Property Management Regulations 101–7

20 (Federal Travel Regulations).

21 SEC. 105. Appropriations in this Act shall be avail22 able for expenses of travel and for the payment of dues

23 of organizations concerned with the work of the District

24 of Columbia government, when authorized by the Mayor:

25 Provided, That the Council of the District of Columbia
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1 and the District of Columbia Courts may expend such

2 funds without authorization by the Mayor.

3 SEC. 106. There are appropriated from the applicable

4 funds of the District of Columbia such sums as may be

5 necessary for making refunds and for the payment of

6 judgments that have been entered against the District of

7 Columbia government: Provided, That nothing contained

8 in this section shall be construed as modifying or affecting

9 the provisions of section 11(c)(3) of title XII of the Dis10 trict of Columbia Income and Franchise Tax Act of 1947,

11 approved March 31, 1956 (70 Stat. 78; Public Law 84–

12 460; D.C. Code, sec. 47–1812.11(c)(3)).

13 SEC. 107. Appropriations in this Act shall be avail14 able for the payment of public assistance without reference

15 to the requirement of section 544 of the District of Colum16 bia Public Assistance Act of 1982, effective April 6, 1982

17 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the

18 non-Federal share of funds necessary to qualify for Fed19 eral assistance under the Juvenile Delinquency Prevention

20 and Control Act of 1968, approved July 31, 1968 (82

21 Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).

22 SEC. 108. No part of any appropriation contained in

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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1 SEC. 109. No funds appropriated in this Act for the

2 District of Columbia government for the operation of edu3 cational institutions, the compensation of personnel, or for

4 other educational purposes may be used to permit, encour5 age, facilitate, or further partisan political activities.

6 Nothing herein is intended to prohibit the availability of

7 school buildings for the use of any community or partisan

8 political group during non-school hours.

9 SEC. 110. The annual budget for the District of Co10 lumbia government for the fiscal year ending September

11 30, 1997, shall be transmitted to the Congress no later

12 than April 15, 1996.

13 SEC. 111. None of the funds appropriated in this Act

14 shall be made available to pay the salary of any employee

15 of the District of Columbia government whose name, title,

16 grade, salary, past work experience, and salary history are

17 not available for inspection by the House and Senate Com18 mittees on Appropriations, the House Committee on Gov19 ernment Reform and Oversight, District of Columbia Sub20 committee, the Subcommittee on General Services, Fed21 eralism, and the District of Columbia, of the Senate Com22 mittee on Governmental Affairs, and the Council of the

23 District of Columbia, or their duly authorized representa24 tive: Provided, That none of the funds contained in this

25 Act shall be made available to pay the salary of any em-
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1 ployee of the District of Columbia government whose name

2 and salary are not available for public inspection.

3 SEC. 112. There are appropriated from the applicable

4 funds of the District of Columbia such sums as may be

5 necessary for making payments authorized by the District

6 of Columbia Revenue Recovery Act of 1977, effective Sep7 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

8 421 et seq.).

9 SEC. 113. No part of this appropriation shall be used

10 for publicity or propaganda purposes or implementation

11 of any policy including boycott designed to support or de12 feat legislation pending before Congress or any State legis13 lature.

14 SEC. 114. At the start of the fiscal year, the Mayor

15 shall develop an annual plan, by quarter and by project,

16 for capital outlay borrowings: Provided, That within a rea17 sonable time after the close of each quarter, the Mayor

18 shall report to the Council of the District of Columbia and

19 the Congress the actual borrowings and spending progress

20 compared with projections.

21 SEC. 115. The Mayor shall not borrow any funds for

22 capital projects unless the Mayor has obtained prior ap23 proval from the Council of the District of Columbia, by

24 resolution, identifying the projects and amounts to be fi25 nanced with such borrowings.
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1 SEC. 116. The Mayor shall not expend any moneys

2 borrowed for capital projects for the operating expenses

3 of the District of Columbia government.

4 SEC. 117. None of the funds appropriated by this Act

5 may be obligated or expended by reprogramming except

6 pursuant to advance approval of the reprogramming

7 granted according to the procedure set forth in the Joint

8 Explanatory Statement of the Committee of Conference

9 (House Report No. 96–443), which accompanied the Dis10 trict of Columbia Appropriation Act, 1980, approved Octo11 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi12 fied in House Report No. 98–265, and in accordance with

13 the Reprogramming Policy Act of 1980, effective Septem14 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

15 et seq.).

16 SEC. 118. None of the Federal funds provided in this

17 Act shall be obligated or expended to provide a personal

18 cook, chauffeur, or other personal servants to any officer

19 or employee of the District of Columbia.

20 SEC. 119. None of the Federal funds provided in this

21 Act shall be obligated or expended to procure passenger

22 automobiles as defined in the Automobile Fuel Efficiency

23 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

24 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ25 mental Protection Agency estimated miles per gallon aver-
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1 age of less than 22 miles per gallon: Provided, That this

2 section shall not apply to security, emergency rescue, or

3 armored vehicles.

4 SEC. 120. (a) Notwithstanding section 422(7) of the

5 District of Columbia Self-Government and Governmental

6 Reorganization Act of 1973, approved December 24, 1973

7 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

8 242(7)), the City Administrator shall be paid, during any

9 fiscal year, a salary at a rate established by the Mayor,

10 not to exceed the rate established for level IV of the Exec11 utive Schedule under 5 U.S.C. 5315.

12 (b) For purposes of applying any provision of law lim13 iting the availability of funds for payment of salary or pay

14 in any fiscal year, the highest rate of pay established by

15 the Mayor under subsection (a) of this section for any po16 sition for any period during the last quarter of calendar

17 year 1995 shall be deemed to be the rate of pay payable

18 for that position for September 30, 1995.

19 (c) Notwithstanding section 4(a) of the District of

20 Columbia Redevelopment Act of 1945, approved August

21 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

22 sec. 5–803(a)), the Board of Directors of the District of

23 Columbia Redevelopment Land Agency shall be paid, dur24 ing any fiscal year, per diem compensation at a rate estab25 lished by the Mayor.
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1 SEC. 121. Notwithstanding any other provisions of

2 law, the provisions of the District of Columbia Govern3 ment Comprehensive Merit Personnel Act of 1978, effec4 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

5 601.1 et seq.), enacted pursuant to section 422(3) of the

6 District of Columbia Self-Government and Governmental

7 Reorganization Act of 1973, approved December 24, 1973

8 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

9 242(3)), shall apply with respect to the compensation of

10 District of Columbia employees: Provided, That for pay

11 purposes, employees of the District of Columbia govern12 ment shall not be subject to the provisions of title 5 of

13 the United States Code.

14 SEC. 122. The Director of the Department of Admin15 istrative Services may pay rentals and repair, alter, and

16 improve rented premises, without regard to the provisions

17 of section 322 of the Economy Act of 1932 (Public Law

18 72–212; 40 U.S.C. 278a), upon a determination by the

19 Director, that by reason of circumstances set forth in such

20 determination, the payment of these rents and the execu21 tion of this work, without reference to the limitations of

22 section 322, is advantageous to the District in terms of

23 economy, efficiency, and the District’s best interest.

24 SEC. 123. No later than 30 days after the end of the

25 first quarter of the fiscal year ending September 30, 1996,
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1 the Mayor of the District of Columbia shall submit to the

2 Council of the District of Columbia the new fiscal year

3 1996 revenue estimates as of the end of the first quarter

4 of fiscal year 1996. These estimates shall be used in the

5 budget request for the fiscal year ending September 30,

6 1997. The officially revised estimates at midyear shall be

7 used for the midyear report.

8 SEC. 124. No sole source contract with the District

9 of Columbia government or any agency thereof may be re10 newed or extended without opening that contract to the

11 competitive bidding process as set forth in section 303 of

12 the District of Columbia Procurement Practices Act of

13 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

14 Code, sec. 1–1183.3), except that the District of Columbia

15 Public Schools may renew or extend sole source contracts

16 for which competition is not feasible or practical, provided

17 that the determination as to whether to invoke the com18 petitive bidding process has been made in accordance with

19 duly promulgated Board of Education rules and proce20 dures.

21 SEC. 125. For purposes of the Balanced Budget and

22 Emergency Deficit Control Act of 1985, approved Decem23 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

24 amended, the term ‘‘program, project, and activity’’ shall

25 be synonymous with and refer specifically to each account
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1 appropriating Federal funds in this Act, and any seques2 tration order shall be applied to each of the accounts rath3 er than to the aggregate total of those accounts: Provided,

4 That sequestration orders shall not be applied to any ac5 count that is specifically exempted from sequestration by

6 the Balanced Budget and Emergency Deficit Control Act

7 of 1985, approved December 12, 1985 (99 Stat. 1037;

8 Public Law 99–177), as amended.

9 SEC. 126. In the event a sequestration order is issued

10 pursuant to the Balanced Budget and Emergency Deficit

11 Control Act of 1985, approved December 12, 1985 (99

12 Stat. 1037: Public Law 99–177), as amended, after the

13 amounts appropriated to the District of Columbia for the

14 fiscal year involved have been paid to the District of Co15 lumbia, the Mayor of the District of Columbia shall pay

16 to the Secretary of the Treasury, within 15 days after re17 ceipt of a request therefor from the Secretary of the

18 Treasury, such amounts as are sequestered by the order:

19 Provided, That the sequestration percentage specified in

20 the order shall be applied proportionately to each of the

21 Federal appropriation accounts in this Act that are not

22 specifically exempted from sequestration by the Balanced

23 Budget and Emergency Deficit Control Act of 1985, ap24 proved December 12, 1985 (99 Stat. 1037; Public Law

25 99–177), as amended.
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1 SEC. 127. For the fiscal year ending September 30,

2 1996, the District of Columbia shall pay interest on its

3 quarterly payments to the United States that are made

4 more than 60 days from the date of receipt of an itemized

5 statement from the Federal Bureau of Prisons of amounts

6 due for housing District of Columbia convicts in Federal

7 penitentiaries for the preceding quarter.

8 SEC. 128. Nothing in this Act shall be construed to

9 authorize any office, agency or entity to expend funds for

10 programs or functions for which a reorganization plan is

11 required but has not been approved by the Council pursu12 ant to section 422(12) of the District of Columbia Self13 Government and Governmental Reorganization Act of

14 1973, approved December 24, 1973 (87 Stat. 790; Public

15 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern16 mental Reorganization Procedures Act of 1981, effective

17 October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–

18 299.1 to 1–299.7). Appropriations made by this Act for

19 such programs or functions are conditioned on the ap20 proval by the Council, prior to October 1, 1995, of the

21 required reorganization plans.

22 SEC. 129. (a) An entity of the District of Columbia

23 government may accept and use a gift or donation during

24 fiscal year 1996 if—
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1 (1) the Mayor approves the acceptance and use

2 of the gift or donation: Provided, That the Council

3 of the District of Columbia may accept and use gifts

4 without prior approval by the Mayor; and

5 (2) the entity uses the gift or donation to carry

6 out its authorized functions or duties.

7 (b) Each entity of the District of Columbia govern8 ment shall keep accurate and detailed records of the ac9 ceptance and use of any gift or donation under subsection

10 (a) of this section, and shall make such records available

11 for audit and public inspection.

12 (c) For the purposes of this section, the term ‘‘entity

13 of the District of Columbia government’’ includes an inde14 pendent agency of the District of Columbia.

15 (d) This section shall not apply to the District of Co16 lumbia Board of Education, which may, pursuant to the

17 laws and regulations of the District of Columbia, accept

18 and use gifts to the public schools without prior approval

19 by the Mayor.

20 SEC. 130. None of the Federal funds provided in this

21 Act may be used by the District of Columbia to provide

22 for salaries, expenses, or other costs associated with the

23 offices of United States Senator or United States Rep24 resentatives under section 4(d) of the District of Columbia

25 Statehood Constitutional Convention Initiatives of 1979,
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1 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

2 sec. 1–113(d)).

3 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

4 SEC. 131. (a) IN GENERAL.—Section 602(a) of the

5 District of Columbia Self-Government and Governmental

6 Reorganization Act (sec. 1–233(a), D.C. Code), as amend7 ed by section 108(b)(2) of the District of Columbia Finan8 cial Responsibility and Management Assistance Act of

9 1995, is amended—

10 (1) by striking ‘‘or’’ at the end of paragraph

11 (9);

12 (2) by striking the period at the end of para13 graph (10) and inserting ‘‘; or’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(11) enact any act, resolution, or rule which

17 obligates or expends funds of the District of Colum18 bia (without regard to the source of such funds) for

19 any abortion, or which appropriates funds to any fa20 cility owned or operated by the District of Columbia

21 in which any abortion is performed, except where the

22 life of the mother would be endangered if the fetus

23 were carried to term, or in cases of forcible rape re24 ported within 30 days to a law enforcement agency,

25 or cases of incest reported to a law enforcement
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1 agency or child abuse agency prior to the perform2 ance of the abortion.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to acts, resolutions, or rules of

5 the Council of the District of Columbia which take effect

6 in fiscal years beginning with fiscal year 1996.

7 SEC. 132. None of the funds appropriated in this Act

8 shall be obligated or expended on any proposed change in

9 either the use or configuration of, or on any proposed im10 provement to, the Municipal Fish Wharf until such pro11 posed change or improvement has been reviewed and ap12 proved by Federal and local authorities including, but not

13 limited to, the National Capital Planning Commission, the

14 Commission of Fine Arts, and the Council of the District

15 of Columbia, in compliance with applicable local and Fed16 eral laws which require public hearings, compliance with

17 applicable environmental regulations including, but not

18 limited to, any amendments to the Washington, D.C.

19 urban renewal plan which must be approved by both the

20 Council of the District of Columbia and the National Cap21 ital Planning Commission.

22 SEC. 133. (a) SENSE OF CONGRESS.—It is the sense

23 of the Congress that, to the greatest extent practicable,

24 all equipment and products purchased with funds made

25 available in this Act should be American-made.
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1 (b) NOTICE REQUIREMENT.—In providing financial

2 assistance to, or entering into any contract with, any en3 tity using funds made available in this Act, the head of

4 each agency of the Federal or District of Columbia govern5 ment, to the greatest extent practicable, shall provide to

6 such entity a notice describing the statement made in sub7 section (a) by the Congress.

8 SEC. 134. (a) No funds made available pursuant to

9 any provision of this Act shall be used to implement or

10 enforce any system of registration of unmarried, cohabit11 ing couples whether they are homosexual, lesbian, or het12 erosexual, including but not limited to registration for the

13 purpose of extending employment, health, or governmental

14 benefits to such couples on the same basis such benefits

15 are extended to legally married couples.

16 (b) The Health Care Benefits Expansion Act (D.C.

17 Law 9–114; sec. 36–140l et seq., D.C. Code) is hereby

18 repealed.

19 SEC. 135. Sections 431(f) and 433(b)(5) of the Dis20 trict of Columbia Self-Government and Governmental Re21 organization Act, approved December 24, 1973 (87 Stat.

22 813; Public Law 93–198; D.C. Code, secs. 11–1524 and

23 title 11, App. 433), are amended to read as follows:

24 (a) Section 431(f) (D.C. Code, sec. 11–1524) is

25 amended to read as follows:
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1 ‘‘(f) Members of the Tenure Commission shall serve

2 without compensation for services rendered in connection

3 with their official duties on the Commission.’’.

4 (b) Section 433(b)(5) (title 11, App. 433) is

5 amended to read as follows:

6 ‘‘(5) Members of the Commission shall serve

7 without compensation for services rendered in con8 nection with their official duties on the Commis9 sion.’’.

10 SEC. 136. Section 451 of the District of Columbia

11 Self-Government and Governmental Reorganization Act of

12 1973, approved December 24, 1973 (87 Stat. 803; Public

13 Law 93–198; D.C. Code, sec. 1–1130), is amended by

14 adding a new subsection (c) to read as follows:

15 ‘‘(c)(1) The District may enter into multiyear con16 tracts to obtain goods and services for which funds would

17 otherwise be available for obligation only within the fiscal

18 year for which appropriated.

19 ‘‘(2) If the funds are not made available for the con20 tinuation of such a contract into a subsequent fiscal year,

21 the contract shall be cancelled or terminated, and the cost

22 of cancellation or termination may be paid from—

23 ‘‘(A) appropriations originally available for the

24 performance of the contract concerned;
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1 ‘‘(B) appropriations currently available for pro2 curement of the type of acquisition covered by the

3 contract, and not otherwise obligated; or

4 ‘‘(C) funds appropriated for those payments.

5 ‘‘(3) No contract entered into under this section shall

6 be valid unless the Mayor submits the contract to the

7 Council for its approval and the Council approves the con8 tract (in accordance with criteria established by act of the

9 Council). The Council shall be required to take affirmative

10 action to approve the contract within 45 days. If no action

11 is taken to approve the contract within 45 calendar days,

12 the contract shall be deemed disapproved.’’.

13 SEC. 137. The District of Columbia Real Property

14 Tax Revision Act of 1974, approved September 3, 1974

15 (88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend16 ed as follows:

17 (1) Section 412 (D.C. Code, sec. 47–812) is

18 amended as follows:

19 (A) Subsection (a) is amended by striking

20 the third and fourth sentences and inserting the

21 following sentences in their place: ‘‘If the Coun22 cil does extend the time for establishing the

23 rates of taxation on real property, it must es24 tablish those rates for the tax year by perma25 nent legislation. If the Council does not estab-
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1 lish the rates of taxation of real property by Oc2 tober 15, and does not extend the time for es3 tablishing rates, the rates of taxation applied

4 for the prior year shall be the rates of taxation

5 applied during the tax year.’’.

6 (B) A new subsection (a–2) is added to

7 read as follows:

8 ‘‘(a–2) Notwithstanding the provisions of subsection

9 (a) of this section, the real property tax rates for taxable

10 real property in the District of Columbia for the tax year

11 beginning October 1, 1995, and ending September 30,

12 1996, shall be the same rates in effect for the tax year

13 beginning October 1, 1993, and ending September 30,

14 1994.’’.

15 (2) Section 413(c) (D.C. Code, sec. 47–815(c))

16 is repealed.

17 SEC. 138. Title 18 U.S.C. 1761(b) is amended by

18 striking the period at the end and inserting the phrase

19 ‘‘or not-for-profit organizations.’’ in its place.

20 SEC. 139. Within 120 days of the effective date of

21 this Act, the Mayor shall submit to the Congress and the

22 Council a report delineating the actions taken by the exec23 utive to effect the directives of the Council in this Act,

24 including—
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1 (1) negotiations with representatives of collec2 tive bargaining units to reduce employee compensa3 tion;

4 (2) actions to restructure existing long-term

5 city debt;

6 (3) actions to apportion the spending reductions

7 anticipated by the directives of this Act to the execu8 tive for unallocated reductions; and

9 (4) a list of any position that is backfilled in10 cluding description, title, and salary of the position.

11 SEC. 140. The Board of Education shall submit to

12 the Congress, Mayor, and Council of the District of Co13 lumbia no later than fifteen (15) calendar days after the

14 end of each month a report that sets forth—

15 (1) current month expenditures and obligations,

16 year-to-date expenditures and obligations, and total

17 fiscal year expenditure projections vs. budget broken

18 out on the basis of control center, responsibility cen19 ter, agency reporting code, and object class, and for

20 all funds, including capital financing;

21 (2) a breakdown of FTE positions and staff for

22 the most current pay period broken out on the basis

23 of control center, responsibility center, and agency

24 reporting code within each responsibility center, for

25 all funds, including capital funds;
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1 (3) a list of each account for which spending is

2 frozen and the amount of funds frozen, broken out

3 by control center, responsibility center, detailed ob4 ject, and agency reporting code, and for all funding

5 sources;

6 (4) a list of all active contracts in excess of

7 $10,000 annually, which contains; the name of each

8 contractor; the budget to which the contract is

9 charged broken out on the basis of control center,

10 responsibility center, and agency reporting code; and

11 contract identifying codes used by the D.C. Public

12 Schools; payments made in the last month and year13 to-date, the total amount of the contract and total

14 payments made for the contract and any modifica15 tions, extensions, renewals; and specific modifica16 tions made to each contract in the last month;

17 (5) all reprogramming requests and reports

18 that are required to be, and have been, submitted to

19 the Board of Education; and

20 (6) changes made in the last month to the orga21 nizational structure of the D.C. Public Schools, dis22 playing previous and current control centers and re23 sponsibility centers, the names of the organizational

24 entities that have been changed, the name of the
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1 staff member supervising each entity affected, and

2 the reasons for the structural change.

3 SEC. 141. The University of the District of Columbia

4 shall submit to the Congress, Mayor, and Council of the

5 District of Columbia no later than fifteen (15) calendar

6 days after the end of each month a report that sets

7 forth—

8 (1) current month expenditures and obligations,

9 year-to-date expenditures and obligations, and total

10 fiscal year expenditure projections vs. budget broken

11 out on the basis of control center, responsibility cen12 ter, and object class, and for all funds, including

13 capital financing;

14 (2) a breakdown of FTE positions and all em15 ployees for the most current pay period broken out

16 on the basis of control center and responsibility cen17 ter, for all funds, including capital funds.

18 (3) a list of each account for which spending is

19 frozen and the amount of funds frozen, broken out

20 by control center, responsibility center, detailed ob21 ject, and for all funding sources;

22 (4) a list of all active contracts in excess of

23 $10,000 annually, which contains: the name of each

24 contractor; the budget to which the contract is

25 charged broken out on the basis of control center
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1 and responsibility center, and contract identifying

2 codes used by the University of the District of Co3 lumbia; payments made in the last month and year4 to-date, the total amount of the contract and total

5 payments made for the contract and any modifica6 tions, extensions, renewals; and specific modifica7 tions made to each contract in the last month;

8 (5) all reprogramming requests and reports

9 that have been made by the University of the Dis10 trict of Columbia within the last month in compli11 ance with applicable law; and

12 (6) changes made in the last month to the orga13 nizational structure of the University of the District

14 of Columbia, displaying previous and current control

15 centers and responsibility centers, the names of the

16 organizational entities that have been changed, the

17 name of the staff member supervising each entity af18 fected, and the reasons for the structural change.

19 SEC. 142. (a) The Board of Education of the District

20 of Columbia and the University of the District of Colum21 bia shall annually compile an accurate and verifiable re22 port on the positions and employees in the public school

23 system and the university, respectively. The annual report

24 shall set forth—
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1 (1) the number of validated schedule A posi2 tions in the District of Columbia Public Schools and

3 the University of the District of Columbia for fiscal

4 year 1995, fiscal year 1996, and thereafter on full5 time equivalent basis, including a compilation of all

6 positions by control center, responsibility center,

7 funding source, position type, position title, pay

8 plan, grade, and annual salary; and

9 (2) a compilation of all employees in the Dis10 trict of Columbia Public Schools and the University

11 of the District of Columbia as of the preceding De12 cember 31, verified as to its accuracy in accordance

13 with the functions that each employee actually per14 forms, by control center, responsibility center, agen15 cy reporting code, program (including funding

16 source), activity, location for accounting purposes,

17 job title, grade and classification, annual salary, and

18 position control number.

19 (b) The annual report required by subsection (a) of

20 this section shall be submitted to the Congress, the Mayor

21 and Council of the District of Columbia, by not later than

22 February 8 of each year.

23 SEC. 143. (a) Not later than October 1, 1995, or

24 within 15 calendar days after the date of the enactment

25 of the District of Columbia Appropriations Act, 1996,
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1 whichever occurs later, and each succeeding year, the

2 Board of Education and the University of the District of

3 Columbia shall submit to the Congress, the Mayor, and

4 Council of the District of Columbia, a revised appropriated

5 funds operating budget for the public school system and

6 the University of the District of Columbia for such fiscal

7 year that is in the total amount of the approved appropria8 tion and that realigns budgeted data for personal services

9 and other-than-personal services, respectively, with antici10 pated actual expenditures.

11 (b) The revised budget required by subsection (a) of

12 this section shall be submitted in the format of the budget

13 that the Board of Education and the University of the

14 District of Columbia submit to the Mayor of the District

15 of Columbia for inclusion in the Mayor’s budget submis16 sion to the Council of the District of Columbia pursuant

17 to section 442 of the District of Columbia Self-Govern18 ment and Governmental Reorganization Act, Public Law

19 93–198, as amended (D.C. Code, sec. 47–301).

20 SEC. 144. The Board of Education, the Board of

21 Trustees of the University of the District of Columbia, the

22 Board of Library Trustees, and the Board of Governors

23 of the D.C. School of Law shall vote on and approve their

24 respective annual or revised budgets before submission to

25 the Mayor of the District of Columbia for inclusion in the
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1 Mayor’s budget submission to the Council of the District

2 of Columbia in accordance with section 442 of the District

3 of Columbia Self-Government and Governmental Reorga4 nization Act, Public Law 93–198, as amended (D.C. Code,

5 sec. 47–301), or before submitting their respective budgets

6 directly to the Council.

7 SEC. 145. Notwithstanding any other provision of

8 law, rule, or regulation, the evaluation process and instru9 ments for evaluating District of Columbia Public Schools

10 employees shall be a non-negotiable item for collective bar11 gaining purposes.

12 SEC. 146. (a) No agency, including an independent

13 agency, shall fill a position wholly funded by appropria14 tions authorized by this Act, which is vacant on October

15 1, 1995, or becomes vacant between October 1, 1995, and

16 September 30, 1996, unless the Mayor or independent

17 agency submits a proposed resolution of intent to fill the

18 vacant position to the Council. The Council shall be re19 quired to take affirmative action on the Mayor’s resolution

20 within 30 legislative days. If the Council does not affirma21 tively approve the resolution within 30 legislative days, the

22 resolution shall be deemed disapproved.

23 (b) No reduction in the number of full-time equiva24 lent positions or reduction-in-force due to privatization or

25 contracting out shall occur if the District of Columbia Fi-
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1 nancial Responsibility and Management Assistance Au2 thority, established by section 101(a) of the District of Co3 lumbia Financial Responsibility and Management Assist4 ance Act of 1995, approved April 17, 1995 (109 Stat. 97;

5 Public Law 104–8), disallows the full-time equivalent posi6 tion reduction provided in this act in meeting the maxi7 mum ceiling of 35,771 for the fiscal year ending Septem8 ber 30, 1996.

9 (c) This section shall not prohibit the appropriate

10 personnel authority from filling a vacant position with a

11 District government employee currently occupying a posi12 tion that is funded with appropriated funds.

13 (d) This section shall not apply to local school-based

14 teachers, school-based officers, or school-based teachers’

15 aides; or court personnel covered by title 11 of the D.C

16 Code, except chapter 23.

17 SEC. 147. (a) Not later than 15 days after the end

18 of every fiscal quarter (beginning October 1, 1995), the

19 Mayor shall submit to the Council a report with respect

20 to the employees on the capital project budget for the pre21 vious quarter.

22 (b) Each report submitted pursuant to subsection (a)

23 of this section shall include the following information—

24 (1) a list of all employees by position, title,

25 grade and step;
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1 (2) a job description, including the capital

2 project for which each employee is working;

3 (3) the date that each employee began working

4 on the capital project and the ending date that each

5 employee completed or is projected to complete work

6 on the capital project; and

7 (4) a detailed explanation justifying why each

8 employee is being paid with capital funds.

9 SEC. 148. The District of Columbia Government

10 Comprehensive Merit Personnel Act of 1978, effective

11 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

12 et seq.), is amended as follows:

13 (a) Section 301 (D.C. Code, sec. 1–603.1) is

14 amended as follows:

15 (1) A new paragraph (13A) is added to

16 read as follows:

17 ‘‘(13A) ‘Nonschool-based personnel’ means any

18 employee of the District of Columbia Public Schools

19 who is not based at a local school or who does not

20 provide direct services to individual students.’’.

21 (2) A new paragraph (15A) is added to

22 read as follows:

23 ‘‘(15A) ‘School administrators’ means prin24 cipals, assistant principals, school program directors,

25 coordinators, instructional supervisors, and support
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1 personnel of the District of Columbia Public

2 Schools.’’.

3 (b) Section 801A(b)(2) (D.C. Code, sec. 1–

4 609.1(b)(2)) is amended by adding a new subpara5 graph (L–i) to read as follows:

6 ‘‘(L–i) Notwithstanding any other provi7 sion of law, the Board of Education shall not

8 issue rules that require or permit nonschool9 based personnel or school administrators to be

10 assigned or reassigned to the same competitive

11 level as classroom teachers;’’

12 (c) Section 2402 (D.C. Code, sec. 1–625.2) is

13 amended by adding a new subsection (f) to read as

14 follows:

15 ‘‘(f) Notwithstanding any other provision of law, the

16 Board of Education shall not require or permit nonschool17 based personnel or school administrators to be assigned

18 or reassigned to the same competitive level as classroom

19 teachers.’’.

20 SEC. 149. (a) Notwithstanding any other provision

21 of law, rule, or regulation, an employee of the District of

22 Columbia Public Schools shall be—

23 (1) classified as an Educational Service em24 ployee’
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1 (2) placed under the personnel authority of the

2 Board of Education; and

3 (3) subject to all Board of Education rules.

4 (b) School-based personnel shall constitute a separate

5 competitive area from nonschool-based personnel who shall

6 not compete with school-based personnel for retention pur7 poses.

8 SEC. 150. The District of Columbia Government

9 Comprehensive Merit Personnel Act of 1978, effective

10 March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1

11 et seq.), is amended as follows:

12 (a) Section 2401 (D.C. Code, sec. 1–625.1) is

13 amended by amending the third sentence to read as

14 follows: ‘‘A personnel authority may establish lesser

15 competitive areas within an agency on the basis of

16 all or a clearly identifiable segment of an agency’s

17 mission or a division or major subdivision of an

18 agency.’’.

19 (b) A new section 2406 is added to read as fol20 lows:

21 ‘‘SEC. 2406. Abolishment of positions for Fiscal Year

22 1996.

23 ‘‘(a) Notwithstanding any other provision of law, reg24 ulation, or collective bargaining agreement either in effect

25 or to be negotiated while this legislation is in effect for
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1 the fiscal year ending September 30, 1996, each agency

2 head is authorized, within the agency head’s discretion,

3 to identify positions for abolishment.

4 ‘‘(b) Prior to February 1, 1996, each personnel au5 thority shall make a final determination that a position

6 within the personnel authority is to be abolished.

7 ‘‘(c) Notwithstanding any rights or procedures estab8 lished by any other provision of this title, any District gov9 ernment employee, regardless of date of hire, who encum10 bers a position identified for abolishment shall be sepa11 rated without competition or assignment rights, except as

12 provided in this section.

13 ‘‘(d) An employee effected by the abolishment of a

14 position pursuant to this section who, but for this section

15 would be entitled to compete for retention, shall be entitled

16 to 1 round of lateral competition pursuant to Chapter 24

17 of the District of Columbia Personnel Manual, which shall

18 be limited to positions in the employee’s competitive level.

19 ‘‘(e) Each employee who is a bona fide resident of

20 the District of Columbia shall have added 5 years to his

21 or her creditable service for reduction-in-force purposes.

22 For purposes of this subsection only, a nonresident Dis23 trict employee who was hired by the District government

24 prior to January 1, 1980, and has not had a break in

25 service since that date, or a former employee of the U.S.
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1 Department of Health and Human Services at Saint Eliz2 abeths Hospital who accepted employment with the Dis3 trict government on October 1, 1987, and has not had

4 a break in service since that date, shall be considered a

5 District resident.

6 ‘‘(f) Each employee selected for separation pursuant

7 to this section shall be given written notice of at least 30

8 days before the effective date of his or her separation.

9 ‘‘(g) Neither the establishment of a competitive area

10 smaller than an agency, nor the determination that a spe11 cific position is to be abolished, nor separation pursuant

12 to this section shall be subject to review except as fol13 lows—

14 ‘‘(1) an employee may file a complaint contest15 ing a determination or a separation pursuant to title

16 XV of this Act or section 303 of the Human Rights

17 Act of 1977, effective December 13, 1977 (D.C.

18 Law 2–38; D.C. Code, sec. 1–2543); and

19 ‘‘(2) an employee may file with the Office of

20 Employee Appeals an appeal contesting that the sep21 aration procedures of subsections (d) and (f) of this

22 section were not properly applied.

23 ‘‘(h) An employee separated pursuant to this section

24 shall be entitled to severance pay in accordance with title

25 XI of this Act, except that the following shall be included
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1 in computing creditable service for severance pay for em2 ployees separated pursuant to this section—

3 ‘‘(1) four years for an employee who qualified

4 for veteran’s preference under this act, and

5 ‘‘(2) three years for an employee who qualified

6 for residency preference under this act.

7 ‘‘(i) Separation pursuant to this section shall not af8 fect an employee’s rights under either the Agency Reem9 ployment Priority Program or the Displaced Employee

10 Program established pursuant to Chapter 24 of the Dis11 trict Personnel Manual.

12 ‘‘(j) The Mayor shall submit to the Council a listing

13 of all positions to be abolished by agency and responsibility

14 center by March 1, 1996, or upon the delivery of termi15 nation notices to individual employees.

16 ‘‘(k) Notwithstanding the provisions of section 1708

17 or section 2402(d), the provisions of this act shall not be

18 deemed negotiable.

19 ‘‘(l) A personnel authority shall cause a 30-day termi20 nation notice to be served, no later than September 1,

21 1996, on any incumbent employee remaining in any posi22 tion identified to be abolished pursuant to subsection (b)

23 of this section’’.

24 SEC. 151. Notwithstanding any other provision of

25 law, the total amount appropriated in this Act for operat-
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1 ing expenses for the District of Columbia for fiscal year

2 1996 under the caption ‘‘Division of Expenses’’ shall not

3 exceed $4,867,283,000.

4 REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON

5 CORRECTIONAL COMPLEX

6 SEC. 152. (a) DEVELOPMENT OF PLAN.—

7 (1) IN GENERAL.—Not later than February 15,

8 1996, the District of Columbia shall develop a plan

9 for closing the Lorton Correctional Complex over a

10 transition period not to exceed 5 years in length.

11 (2) REQUIREMENTS OF PLAN.—The plan devel12 oped by the District of Columbia under paragraph

13 (1) shall meet the following requirements:

14 (A) Under the plan, the Lorton Correc15 tional Complex will be closed by the expiration

16 of the transition period.

17 (B) Under the plan, the District of Colum18 bia may not operate any correctional facilities

19 on the Federal property known as the Lorton

20 Complex located in Fairfax County, Virginia,

21 after the expiration of the transition period.

22 (C) The plan shall include provisions speci23 fying how and to what extent the District will

24 utilize alternative management, including the

25 private sector, for the operation of correctional

26 facilities for the District, and shall include pro-
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1 visions describing the treatment under such al2 ternative management (including under con3 tracts) of site selection, design, financing, con4 struction, and operation of correctional facilities

5 for the District.

6 (D) The plan shall include an implementa7 tion schedule, together with specific perform8 ance measures and timelines to determine the

9 extent to which the District is meeting the

10 schedule during the transition period.

11 (E) Under the plan, the Mayor of the Dis12 trict of Columbia shall submit a semi-annual re13 port to the President, Congress, and the Dis14 trict of Columbia Financial Responsibility and

15 Management Assistance Authority describing

16 the actions taken by the District under the

17 plan, and in addition shall regularly report to

18 the President, Congress, and the District of Co19 lumbia Financial Responsibility and Manage20 ment Assistance Authority on all significant

21 measures taken under the plan as soon as such

22 measures are taken.

23 (b) CONSISTENCY WITH FINANCIAL PLAN AND

24 BUDGET.—In developing the plan under subsection (a),

25 the District of Columbia shall ensure that for each of the
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1 years during which the plan is in effect, the plan shall

2 be consistent with the financial plan and budget for the

3 District of Columbia for the year under subtitle A of title

4 II of the District of Columbia Financial Responsibility and

5 Management Assistance Act of 1995.

6 (c) SUBMISSION OF PLAN.—Upon completing the de7 velopment of the plan under subsection (a), the District

8 of Columbia shall submit the plan to the President, Con9 gress, and the District of Columbia Financial Responsibil10 ity and Management Assistance Authority.

11 PROHIBITION AGAINST ADOPTION BY UNMARRIED

12 COUPLES

13 SEC. 153. (a) IN GENERAL.—Section 16–302, D.C.

14 Code, is amended—

15 (1) by striking ‘‘Any person’’ and inserting ‘‘(a)

16 Subject to subsection (b), any person’’; and

17 (2) by adding at the end the following sub18 section:

19 ‘‘(b) No person may join in a petition under this sec20 tion unless the person is the spouse of the petitioner.’’.

21 (b) NO EFFECT ON PETITIONS FOR ADOPTION

22 FILED BY INDIVIDUAL UNMARRIED PETITIONER.—Noth23 ing in section 16–302(b), D.C. Code (as added by sub24 section (a)) shall be construed to affect the ability of any

25 unmarried person to file a petition for adoption in the Su-
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1 perior Court of the District of Columbia where no other

2 person joins in the petition.

3 TECHNICAL CORRECTIONS TO FINANCIAL

4 RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT

5 SEC. 154. (a) REQUIRING GSA TO PROVIDE SUP6 PORT SERVICES.—Section 103(f) of the District of Colum7 bia Financial Responsibility and Management Assistance

8 Act of 1995 is amended by striking ‘‘may provide’’ and

9 inserting ‘‘shall promptly provide’’.

10 (b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS

11 FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU12 THORITY.—

13 (1) FORMER FEDERAL EMPLOYEES.—Sub14 section (e) of section 102 of such Act is amended to

15 read as follows:

16 ‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN

17 OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME

18 EMPLOYED BY THE AUTHORITY.—

19 ‘‘(1) IN GENERAL.—Any Federal employee who

20 becomes employed by the Authority—

21 ‘‘(A) may elect, for the purposes set forth

22 in paragraph (2)(A), to be treated, for so long

23 as that individual remains continuously em24 ployed by the Authority, as if such individual

25 had not separated from service with the Federal

26 Government, subject to paragraph (3); and
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1 ‘‘(B) shall, if such employee subsequently

2 becomes reemployed by the Federal Govern3 ment, be entitled to have such individual’s serv4 ice with the Authority treated, for purposes of

5 determining the appropriate leave accrual rate,

6 as if it had been service with the Federal Gov7 ernment.

8 ‘‘(2) EFFECT OF AN ELECTION.—An election

9 made by an individual under the provisions of para10 graph (1)(A)—

11 ‘‘(A) shall qualify such individual for the

12 treatment described in such provisions for pur13 poses of—

14 ‘‘(i) chapter 83 or 84 of title 5, Unit15 ed States Code, as appropriate (relating to

16 retirement), including the Thrift Savings

17 Plan;

18 ‘‘(ii) chapter 87 of such title (relating

19 to life insurance); and

20 ‘‘(iii) chapter 89 of such title (relating

21 to health insurance); and

22 ‘‘(B) shall disqualify such individual, while

23 such election remains in effect, from participat24 ing in the programs offered by the government

25 of the District of Columbia (if any) correspond-
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1 ing to the respective programs referred to in

2 subparagraph (A).

3 ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF4 FECTIVE.—An election made by an individual under

5 paragraph (1)(A) shall be ineffective unless—

6 ‘‘(A) it is made before such individual sep7 arates from service with the Federal Govern8 ment; and

9 ‘‘(B) such individual’s service with the Au10 thority commences within 3 days after so sepa11 rating (not counting any holiday observed by

12 the government of the District of Columbia).

13 ‘‘(4) CONTRIBUTIONS.—If an individual makes

14 an election under paragraph (1)(A), the Authority

15 shall, in accordance with applicable provisions of law

16 referred to in paragraph (2)(A), be responsible for

17 making the same deductions from pay and the same

18 agency contributions as would be required if it were

19 a Federal agency.

20 ‘‘(5) REGULATIONS.—Any regulations necessary

21 to carry out this subsection shall be prescribed by—

22 ‘‘(A) the Office of Personnel Management,

23 to the extent that any program administered by

24 the Office is involved;
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1 ‘‘(B) the appropriate office or agency of

2 the government of the District of Columbia, to

3 the extent that any program administered by

4 such office or agency is involved; and

5 ‘‘(C) the Executive Director referred to in

6 section 8474 of title 5, United States Code, to

7 the extent that the Thrift Savings Plan is in8 volved.’’.

9 (2) OTHER INDIVIDUALS.—Section 102 of such

10 Act is further amended by adding at the end the fol11 lowing:

12 ‘‘(f) FEDERAL BENEFITS FOR OTHERS.—

13 ‘‘(1) IN GENERAL.—The Office of Personnel

14 Management, in conjunction with each correspond15 ing office or agency of the government of the Dis16 trict of Columbia, shall prescribe regulations under

17 which any individual who becomes employed by the

18 Authority (under circumstances other than as de19 scribed in subsection (e)) may elect either—

20 ‘‘(A) to be deemed a Federal employee for

21 purposes of the programs referred to in sub22 section (e)(2)(A)(i)-(iii); or

23 ‘‘(B) to participate in 1 or more of the cor24 responding programs offered by the government

25 of the District of Columbia.
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1 ‘‘(2) EFFECT OF AN ELECTION.—An individual

2 who elects the option under subparagraph (A) or (B)

3 of paragraph (1) shall be disqualified, while such

4 election remains in effect, from participating in any

5 of the programs referred to in the other such sub6 paragraph.

7 ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE

8 OR AGENCY’.—For purposes of paragraph (1), the

9 term ‘corresponding office or agency of the govern10 ment of the District of Columbia’ means, with re11 spect to any program administered by the Office of

12 Personnel Management, the office or agency respon13 sible for administering the corresponding program

14 (if any) offered by the government of the District of

15 Columbia.

16 ‘‘(4) THRIFT SAVINGS PLAN.—To the extent

17 that the Thrift Savings Plan is involved, the preced18 ing provisions of this subsection shall be applied by

19 substituting ‘the Executive Director referred to in

20 section 8474 of title 5, United States Code’ for ‘the

21 Office of Personnel Management’.’’.

22 (3) EFFECTIVE DATE; ADDITIONAL ELECTION

23 FOR FORMER FEDERAL EMPLOYEES SERVING ON

24 DATE OF ENACTMENT; ELECTION FOR EMPLOYEES

25 APPOINTED DURING INTERIM PERIOD.—
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1 (A) EFFECTIVE DATE.—Not later than 6

2 months after the date of enactment of this Act,

3 there shall be prescribed (and take effect)—

4 (i) regulations to carry out the

5 amendments made by this subsection; and

6 (ii) any other regulations necessary to

7 carry out this subsection.

8 (B) ADDITIONAL ELECTION FOR FORMER

9 FEDERAL EMPLOYEES SERVING ON DATE OF

10 ENACTMENT.—

11 (i) IN GENERAL.—Any former Federal

12 employee employed by the Authority on the

13 effective date of the regulations referred to

14 in subparagraph (A)(i) may, within such

15 period as may be provided for under those

16 regulations, make an election similar, to

17 the maximum extent practicable, to the

18 election provided for under section 102(e)

19 of the District of Columbia Financial Re20 sponsibility and Management Assistance

21 Act of 1995, as amended by this sub22 section. Such regulations shall be pre23 scribed jointly by the Office of Personnel

24 Management and each corresponding office

25 or agency of the government of the District
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1 of Columbia (in the same manner as pro2 vided for in section 102(f) of such Act, as

3 so amended).

4 (ii) EXCEPTION.—An election under

5 this subparagraph may not be made by

6 any individual who—

7 (I) is not then participating in a

8 retirement system for Federal employ9 ees (disregarding Social Security); or

10 (II) is then participating in any

11 program of the government of the

12 District of Columbia referred to in

13 section 102(e)(2)(B) of such Act (as

14 so amended).

15 (C) ELECTION FOR EMPLOYEES AP16 POINTED DURING INTERIM PERIOD.—

17 (i) FROM THE FEDERAL GOVERN18 MENT.—Subsection (e) of section 102 of

19 the District of Columbia Financial Respon20 sibility and Management Assistance Act of

21 1995 (as last in effect before the date of

22 enactment of this Act) shall be deemed to

23 have remained in effect for purposes of any

24 Federal employee who becomes employed

25 by the District of Columbia Financial Re-
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1 sponsibility and Management Assistance

2 Authority during the period beginning on

3 such date of enactment and ending on the

4 day before the effective date of the regula5 tions prescribed to carry out subparagraph

6 (B).

7 (ii) OTHER INDIVIDUALS.—The regu8 lations prescribed to carry out subsection

9 (f) of section 102 of the District of Colum10 bia Financial Responsibility and Manage11 ment Assistance Act of 1995 (as amended

12 by this subsection) shall include provisions

13 under which an election under such sub14 section shall be available to any individual

15 who—

16 (I) becomes employed by the Dis17 trict of Columbia Financial Respon18 sibility and Management Assistance

19 Authority during the period beginning

20 on the date of enactment of this Act

21 and ending on the day before the ef22 fective date of such regulations;

23 (II) would have been eligible to

24 make an election under such regula25 tions had those regulations been in ef-
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1 fect when such individual became so

2 employed; and

3 (III) is not then participating in

4 any program of the government of the

5 District of Columbia referred to in

6 subsection (f)(1)(B) of such section

7 102 (as so amended).

8 (c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR

9 AUTHORITY EMPLOYEES.—Section 104 of such Act is

10 amended—

11 (1) by striking ‘‘the Authority and its mem12 bers’’ and inserting ‘‘the Authority, its members,

13 and its employees’’; and

14 (2) by striking ‘‘the District of Columbia’’ and

15 inserting ‘‘the Authority or its members or employ16 ees or the District of Columbia’’.

17 (d) PERMITTING REVIEW OF EMERGENCY LEGISLA18 TION.—Section 203(a)(3) of such Act is amended by strik19 ing subparagraph (C).

20 TITLE II—DISTRICT OF

21 COLUMBIA SCHOOL REFORM

22 SEC. 2001. SHORT TITLE.

23 This title may be cited as the ‘‘District of Columbia

24 School Reform Act of 1995’’.
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1 SEC. 2002. DEFINITIONS.

2 Except as otherwise provided, for purposes of this

3 title:

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means—

7 (A) the Committee on Appropriations of

8 the House of Representatives and the Commit9 tee on Appropriations of the Senate;

10 (B) the Committee on Economic and Edu11 cational Opportunities of the House of Rep12 resentatives and the Committee on Labor and

13 Human Resources of the Senate; and

14 (C) the Committee on Government Reform

15 and Oversight of the House of Representatives

16 and the Committee on Governmental Affairs of

17 the Senate.

18 (2) AUTHORITY.—The term ‘‘Authority’’ means

19 the District of Columbia Financial Responsibility

20 and Management Assistance Authority established

21 under section 101(a) of the District of Columbia Fi22 nancial Responsibility and Management Assistance

23 Act of 1995 (Public Law 104–8).

24 (3) AVERAGE DAILY ATTENDANCE.—The term

25 ‘‘average daily attendance’’, when used with respect

26 to a school and a period of time, means the aggre-
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1 gate attendance of the school during the period di2 vided by the number of days during the period on

3 which—

4 (A) the school is in session; and

5 (B) the pupils of the school are under the

6 guidance and direction of teachers.

7 (4) AVERAGE DAILY MEMBERSHIP.—

8 (A) INDIVIDUAL SCHOOL.—The term ‘‘av9 erage daily membership’’, when used with re10 spect to a school and a period of time, means

11 the aggregate enrollment of the school during

12 the period divided by the number of days dur13 ing the period on which—

14 (i) the school is in session; and

15 (ii) the pupils of the school are under

16 the guidance and direction of teachers.

17 (B) GROUPS OF SCHOOLS.—The term ‘‘av18 erage daily membership’’, when used with re19 spect to a group of schools and a period of

20 time, means the average of the average daily

21 memberships during the period of the individual

22 schools that constitute the group.

23 (5) BOARD OF EDUCATION.—The term ‘‘Board

24 of Education’’ means the Board of Education of the

25 District of Columbia.
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1 (6) BOARD OF TRUSTEES.—The term ‘‘Board

2 of Trustees’’ means the governing board of a public

3 charter school, the members of which board have

4 been selected pursuant to the charter granted to the

5 school and in a manner consistent with this title.

6 (7) CONTROL PERIOD.—The term ‘‘control pe7 riod’’ means a period of time described in section

8 209 of the District of Columbia Financial Respon9 sibility and Management Assistance Act of 1995

10 (Public Law 104–8).

11 (8) CORE CURRICULUM.—The term ‘‘core cur12 riculum’’ means the concepts, factual knowledge,

13 and skills that students in the District of Columbia

14 should learn in kindergarten through 12th grade in

15 academic content areas, including, at a minimum,

16 English, mathematics, science, and history.

17 (9) DISTRICT OF COLUMBIA COUNCIL.—The

18 term ‘‘District of Columbia Council’’ means the

19 Council of the District of Columbia established pur20 suant to section 401 of the District of Columbia

21 Self-Government and Governmental Reorganization

22 Act (D.C. Code, sec. 1–221).

23 (10) DISTRICT OF COLUMBIA GOVERNMENT.—
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1 (A) IN GENERAL.—The term ‘‘District of

2 Columbia government’’ means the government

3 of the District of Columbia, including—

4 (i) any department, agency, or instru5 mentality of the government of the District

6 of Columbia;

7 (ii) any independent agency of the

8 District of Columbia established under

9 part F of title IV of the District of Colum10 bia Self-Government and Governmental

11 Reorganization Act;

12 (iii) any other agency, board, or com13 mission established by the Mayor or the

14 District of Columbia Council;

15 (iv) the courts of the District of Co16 lumbia;

17 (v) the District of Columbia Council;

18 and

19 (vi) any other agency, public author20 ity, or public benefit corporation that has

21 the authority to receive monies directly or

22 indirectly from the District of Columbia

23 (other than monies received from the sale

24 of goods, the provision of services, or the
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1 loaning of funds to the District of Colum2 bia).

3 (B) EXCEPTIONS.—The term ‘‘District of

4 Columbia government’’ does not include the fol5 lowing:

6 (i) The Authority.

7 (ii) A public charter school.

8 (11) DISTRICT OF COLUMBIA GOVERNMENT RE9 TIREMENT SYSTEM.—The term ‘‘District of Colum10 bia government retirement system’’ means the re11 tirement programs authorized by the District of Co12 lumbia Council or the Congress for employees of the

13 District of Columbia government.

14 (12) DISTRICT OF COLUMBIA PUBLIC

15 SCHOOL.—

16 (A) IN GENERAL.—The term ‘‘District of

17 Columbia public school’’ means a public school

18 in the District of Columbia that offers classes—

19 (i) at any of the grade levels from pre20 kindergarten through the 12th grade; or

21 (ii) leading to a general education di22 ploma.

23 (B) EXCEPTION.—The term does not in24 clude a public charter school.
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1 (13) DISTRICT OF COLUMBIA PUBLIC

2 SCHOOLS.—The term ‘‘District of Columbia public

3 schools’’ means all schools that are District of Co4 lumbia public schools.

5 (14) DISTRICT-WIDE ASSESSMENTS.—The term

6 ‘‘district-wide assessments’’ means reliable and unbi7 ased student assessments administered by the Su8 perintendent to students enrolled in District of Co9 lumbia public schools and public charter schools.

10 (15) ELIGIBLE APPLICANT.—The term ‘‘eligible

11 applicant’’ means a person, including a private, pub12 lic, or quasi-public entity and an institution of high13 er education (as defined in section 481 of the High14 er Education Act of 1965), who seeks to establish a

15 public charter school.

16 (16) ELIGIBLE CHARTERING AUTHORITY.—The

17 term ‘‘eligible chartering authority’’ means any of

18 the following:

19 (A) The Board of Education.

20 (B) Any of the following public or feder21 ally-chartered universities:

22 (i) Howard University.

23 (ii) Gallaudet University.

24 (iii) American University.

25 (iv) George Washington University.
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1 (v) The University of the District of

2 Columbia.

3 (C) Any other entity designated by enact4 ment of a bill as an eligible chartering authority

5 by the District of Columbia Council after the

6 date of the enactment of this Act.

7 (17) FACILITIES MANAGEMENT.—The term ‘‘fa8 cilities management’’ means the administration, con9 struction, renovation, repair, maintenance, remodel10 ing, improvement, or other oversight, of a building

11 or real property of a District of Columbia public

12 school. The term does not include the performance

13 of any such act with respect to real property owned

14 by a public charter school.

15 (18) FAMILY RESOURCE CENTER.—The term

16 ‘‘family resource center’’ means an information

17 desk—

18 (A) located at a school with a majority of

19 students whose family income is not greater

20 than 185 percent of the poverty guidelines up21 dated annually in the Federal Register by the

22 Department of Health and Human Services

23 under authority of section 673(2) of the Omni24 bus Budget Reconciliation Act of 1981; and
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1 (B) which links students and families to

2 local resources and public and private entities

3 involved in child care, adult education, health

4 and social services, tutoring, mentoring, and job

5 training.

6 (19) LONG-TERM REFORM PLAN.—The term

7 ‘‘long-term reform plan’’ means the plan submitted

8 by the Superintendent under section 2101.

9 (20) MAYOR.—The term ‘‘Mayor’’ means the

10 Mayor of the District of Columbia.

11 (21) METROBUS AND METRORAIL TRANSIT SYS12 TEM.—The term ‘‘Metrobus and Metrorail Transit

13 System’’ means the bus and rail systems adminis14 tered by the Washington Metropolitan Area Transit

15 Authority.

16 (22) MINOR STUDENT.—The term ‘‘minor stu17 dent’’ means an individual who—

18 (A) is enrolled in a District of Columbia

19 public schools or a public charter school; and

20 (B) is not beyond the age of compulsory

21 school attendance, as prescribed in section 1 of

22 article I, and section 1 of article II, of the Act

23 of February 4, 1925 (sections 31–401 and 31–

24 402, D.C. Code).
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1 (23) NONRESIDENT STUDENT.—The term

2 ‘‘nonresident student’’ means—

3 (A) an individual under the age of 18 who

4 is enrolled in a District of Columbia public

5 school or a public charter school, and does not

6 have a parent residing in the District of Colum7 bia; or

8 (B) an individual who is age 18 or older

9 and is enrolled in a District of Columbia public

10 school or public charter school, and does not re11 side in the District of Columbia.

12 (24) PANEL.—The term ‘‘Panel’’ means the

13 World Class Schools Panel established under subtitle

14 D.

15 (25) PARENT.—The term ‘‘parent’’ means a

16 person who has custody of a child enrolled in a Dis17 trict of Columbia public school or a public charter

18 school, and who—

19 (A) is a natural parent of the child;

20 (B) is a stepparent of the child;

21 (C) has adopted the child; or

22 (D) is appointed as a guardian for the

23 child by a court of competent jurisdiction.

24 (26) PETITION.—The term ‘‘petition’’ means a

25 written application, submitted by an eligible appli-
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1 cant to an eligible chartering authority, to establish

2 a public charter school.

3 (27) PROMOTION GATE.—The term ‘‘promotion

4 gate’’ means the criteria, developed by the Super5 intendent and approved by the Board of Education,

6 that are used to determine student promotion at dif7 ferent grade levels. Such criteria shall include

8 achievement on district-wide assessments that, to the

9 greatest extent practicable, measure student achieve10 ment of the core curriculum.

11 (28) PUBLIC CHARTER SCHOOL.—The term

12 ‘‘public charter school’’ means a publicly funded

13 school in the District of Columbia that is established

14 pursuant to subtitle B. A public charter school is not

15 a part of the District of Columbia public schools.

16 (29) SCHOOL.—The term ‘‘school’’ means—

17 (A) a public charter school; or

18 (B) any other day or residential school

19 that provides elementary or secondary edu20 cation, as determined under State or District of

21 Columbia law.

22 (30) STUDENT WITH SPECIAL NEEDS.—The

23 term ‘‘student with special needs’’ has the meaning

24 given such term by the Mayor and the District of

25 Columbia Council under section 2301.
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1 (31) SUPERINTENDENT.—The term ‘‘Super2 intendent’’ means the Superintendent of the District

3 of Columbia public schools.

4 (32) TEACHER.—The term ‘‘teacher’’ means

5 any person employed as a teacher by the Board of

6 Education or by a public charter school.

7 Subtitle A—District of Columbia

8 Reform Plan

9 SEC. 2101. LONG-TERM REFORM PLAN.

10 (a) IN GENERAL.—

11 (1) PLAN.—The Superintendent, with the ap12 proval of the Board of Education, shall submit to

13 the appropriate congressional committees, the

14 Mayor, the District of Columbia Council, and the

15 Authority a long-term reform plan, not later than

16 February 1, 1996. The plan shall be consistent with

17 the financial plan and budget for the District of Co18 lumbia for fiscal year 1996 required under section

19 201 of the District of Columbia Financial Respon20 sibility and Management Assistance Act of 1995

21 (Public Law 104–8).

22 (2) CONSULTATION.—

23 (A) IN GENERAL.—In developing the long24 term reform plan, the Superintendent—
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1 (i) shall consult with the Board of

2 Education, Mayor, and District of Colum3 bia Council, and, in a control period, with

4 the Authority; and

5 (ii) shall afford the public, interested

6 organizations, and groups an opportunity

7 to present their views and make rec8 ommendations regarding the long-term re9 form plan.

10 (B) SUMMARY OF RECOMMENDATIONS.—

11 The Superintendent shall include in the long12 term plan a summary of the recommendations

13 made under subparagraph (A)(ii) and the re14 sponse of the Superintendent to these rec15 ommendations.

16 (b) CONTENTS.—

17 (1) AREAS TO BE ADDRESSED.—The long-term

18 plan shall describe how the District of Columbia

19 public schools will become a world-class education

20 system which prepares students for life-time learning

21 in the 21st century and which is on a par with the

22 best education systems of other nations. The plan

23 shall include a description of how the District of Co24 lumbia public schools will accomplish the following:
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1 (A) Achievement at nationally- and inter2 nationally-competitive levels by students attend3 ing District of Columbia public schools.

4 (B) The creation of a performance-oriented

5 workforce.

6 (C) The construction and repair of District

7 of Columbia public school facilities.

8 (D) Local school governance, decentraliza9 tion, autonomy, and parental choice among Dis10 trict of Columbia public schools; and

11 (E) The implementation of an efficient and

12 effective adult literacy program.

13 (2) OTHER INFORMATION.—For each of the

14 items in subparagraphs (A) through (G) of para15 graph (1), the long-term plan shall include—

16 (A) a statement of measurable, objective

17 performance goals;

18 (B) a description of the measures of per19 formance to be used in determining whether the

20 Superintendent and Board of Education have

21 met the goals;

22 (C) dates by which the goals must be met;

23 (D) plans for monitoring and reporting

24 progress to District of Columbia residents, the

25 appropriate congressional committees, the
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1 Mayor, the District of Columbia Council, and

2 the Authority; and

3 (E) the title of the management employee

4 of the District of Columbia public schools most

5 directly responsible for the achievement of each

6 goal and, with respect to each such employee,

7 the title of the employee’s immediate supervisor

8 or superior.

9 (c) AMENDMENTS.—The Superintendent, with the

10 approval of the Board of Education, shall submit any

11 amendment to the long-term plan to the appropriate con12 gressional committees. Any amendment to the long-term

13 plan shall be consistent with the financial plan and budget

14 for fiscal year 1996 for the District of Columbia required

15 under section 201 of the District of Columbia Financial

16 Responsibility and Management Assistance Act of 1995

17 (Public Law 104–8).

18 Subtitle B—Public Charter Schools

19 SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS.

20 (a) EXISTING PUBLIC SCHOOL.—An eligible appli21 cant seeking to convert an existing District of Columbia

22 public school into a public charter school—

23 (1) shall prepare a petition to establish a public

24 charter school that meets the requirements of sec25 tion 2152;
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1 (2) shall provide a copy of the petition to—

2 (A) the parents of minor students attend3 ing the existing school;

4 (B) adult students attending the existing

5 school; and

6 (C) employees of the existing school;

7 (3) shall file the petition with an eligible char8 tering authority for approval after the petition—

9 (A) has been signed by a majority of the

10 total number of—

11 (i) parents of minor students attend12 ing the school; and

13 (ii) adult students attending the

14 school; and

15 (B) has been endorsed by at least a major16 ity of full-time teachers at the school; and

17 (4) shall explain in the petition the relationship

18 that will exist between the public charter school and

19 its employees.

20 (b) INDEPENDENT OR PRIVATE SCHOOL.—An eligi21 ble applicant seeking to convert an existing independent

22 or private school in the District of Columbia into a public

23 charter school—
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1 (1) shall prepare a petition to establish a public

2 charter school that meets the requirements of sec3 tion 2152;

4 (2) shall provide a copy of the petition to—

5 (A) the parents of minor students attend6 ing the existing school;

7 (B) adult students attending the existing

8 school; and

9 (C) employees of the existing school;

10 (3) shall file the petition with an eligible char11 tering authority for approval after the petition—

12 (A) has been signed by a majority of the

13 total number of—

14 (i) parents of minor students attend15 ing the school; and

16 (ii) adult students attending the

17 school; and

18 (B) has been endorsed by at least a major19 ity of full-time teachers at the school; and

20 (4) shall explain in the petition the relationship

21 that will exist between the public charter school and

22 its employees.

23 (c) NEW SCHOOL.—An eligible applicant seeking to

24 establish in the District of Columbia a public charter

25 school, but not seeking to convert an existing public, pri-
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1 vate, or independent school into a public charter school,

2 shall file with an eligible chartering authority for approval

3 a petition to establish a public charter school that meets

4 the requirements of section 2152.

5 SEC. 2152. CONTENTS OF PETITION.

6 A petition to establish a public charter school shall

7 include the following:

8 (1) A statement defining the mission and goals

9 of the proposed school.

10 (2) A statement of the need for the proposed

11 school in the geographic area of the school site.

12 (3) A description of the proposed instructional

13 goals and methods for the school, which includes, at

14 a minimum—

15 (A) the methods that will be used to pro16 vide students with the knowledge, proficiency,

17 and skills needed—

18 (i) to become nationally and inter19 nationally competitive students and edu20 cated individuals in the 21st century; and

21 (ii) to perform competitively on any

22 districtwide assessments; and

23 (B) the methods that will be used to im24 prove student self-motivation, classroom in25 struction, and learning for all students.
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1 (4) A description of the plan for evaluating stu2 dent academic achievement of the proposed school

3 and the procedures for remedial action that will be

4 used by the school when the academic achievement

5 of a student falls below the expectations of the

6 school.

7 (5) An operating budget for the first 2 years of

8 the proposed school that is based on anticipated en9 rollment and contains—

10 (A) a description of the method for con11 ducting annual audits of the financial, adminis12 trative, and programmatic operations of the

13 school;

14 (B) either—

15 (i) an identification of the site where

16 the school will be located, including a de17 scription of any buildings on the site and

18 any buildings proposed to be constructed

19 on the site; or

20 (ii) a timetable by which a such an

21 identification will be made;

22 (C) a description of any major contracts

23 planned, with a value equal to or exceeding

24 $10,000, for equipment and services, leases, im-
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1 provements, purchases of real property, or in2 surance; and

3 (D) a timetable for commencing operations

4 as a public charter school.

5 (6) A description of the proposed rules and poli6 cies for governance and operation of the school.

7 (7) Copies of the proposed articles of incorpora8 tion and bylaws of the school.

9 (8) The names and addresses of the members

10 of the proposed Board of Trustees.

11 (9) A description of the student enrollment, ad12 mission, suspension, and expulsion policies and pro13 cedures of the proposed school, and the criteria for

14 making decisions in such areas.

15 (10) A description of the procedures the school

16 plans to follow to ensure the health and safety of

17 students, employees, and guests of the school and to

18 comply with applicable health and safety laws and

19 regulations of the Federal Government and the Dis20 trict of Columbia.

21 (11) An explanation of the qualifications that

22 will be required of employees of the proposed school.

23 (12) An identification, and a description, of the

24 individuals and entities submitting the application,

25 including their names and addresses, and the names
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1 of the organizations or corporations of which such

2 individuals are directors or officers.

3 SEC. 2153. PROCESS FOR APPROVING OR DENYING CHAR4 TER PETITIONS.

5 (a) SCHEDULE.—An eligible chartering authority

6 may establish a schedule for receiving petitions to estab7 lish a public charter school and shall publish any such

8 schedule in the District of Columbia Register. An eligible

9 chartering authority shall make a copy of any such sched10 ule available to all interested persons upon request.

11 (b) PUBLIC HEARING.—Not later than 45 days after

12 a petition to establish a public charter school is filed with

13 an eligible chartering authority, the authority shall hold

14 a public hearing on the petition to gather the information

15 that is necessary for the authority to make the decision

16 to approve or deny the petition.

17 (c) NOTICE.—Not later than 10 days prior to the

18 scheduled date of a public hearing on a petition to estab19 lish a public charter school, an eligible chartering author20 ity—

21 (1) shall publish a notice of the hearing in the

22 District of Columbia Register; and

23 (2) shall send a written notification of the hear24 ing date to the eligible applicant who filed the peti25 tion.
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1 (d) APPROVAL OR DENIAL.—Subject to subsection

2 (i), an eligible chartering authority shall approve a petition

3 to establish a public charter school, if—

4 (1) the authority determines that the petition

5 satisfies the requirements of this subtitle; and

6 (2) the eligible applicant who filed the petition

7 agrees to satisfy any condition or requirement, con8 sistent with this title and other applicable law, that

9 is set forth in writing by the eligible chartering au10 thority as an amendment to the petition.

11 (e) TIMETABLE.—An eligible chartering authority

12 shall approve or deny a petition to establish a public char13 ter school not later than 45 days after the conclusion of

14 the public hearing on the petition.

15 (f) EXTENSION.—An eligible chartering authority

16 and an eligible applicant may agree to extend the 45-day

17 time period referred to in subsection (e) by a period that

18 does not exceed 30 days.

19 (g) EXPLANATION.—If an eligible chartering author20 ity denies a petition or finds it to be incomplete, the au21 thority shall specify in writing the reasons for its decision

22 and indicate, when appropriate, how the eligible applicant

23 who filed the petition may revise the petition to satisfy

24 the requirements for approval.

25 (h) APPROVED PETITION.—
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1 (1) NOTICE.—Not later than 10 days after an

2 eligible chartering authority approves a petition to

3 establish a public charter school, the authority shall

4 provide a written notice of the approval, including a

5 copy of the approved petition and any conditions or

6 requirements agreed to under subsection (d)(2), to

7 the eligible applicant and to the Chief Financial Of8 ficer of the District of Columbia. The eligible char9 tering authority shall publish a notice of the ap10 proval of the petition in the District of Columbia

11 Register.

12 (2) CHARTER.—The provisions of a petition to

13 establish a public charter school that has been ap14 proved by an eligible chartering authority, together

15 with any amendments to the petition containing con16 ditions or requirements agreed to by the eligible ap17 plicant under subsection (d)(2), shall be considered

18 a charter granted to the school by the authority.

19 (i) SPECIAL RULES FOR FIRST YEAR.—During the

20 one-year period beginning on the date of the enactment

21 of this Act, each eligible chartering authority—

22 (1) may approve not more than one petition

23 filed by an eligible applicant seeking to convert an

24 existing independent or private school into a public

25 charter school; and
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1 (2) in considering a petition to establish a pub2 lic charter school filed by any eligible applicant, shall

3 consider whether the school will focus on students

4 with special needs.

5 (j) EXCLUSIVE AUTHORITY OF CHARTERING AU6 THORITY.—Notwithstanding any other Federal law or law

7 of the District of Columbia, no governmental entity, elect8 ed official, or employee of the District of Columbia may

9 make, participate in making, or intervene in the making

10 of, the decision to approve or deny a petition to establish

11 a public charter school, except the eligible chartering au12 thority with which the petition was filed.

13 SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIRE14 MENTS ON, PUBLIC CHARTER SCHOOLS.

15 (a) DUTIES.—A public charter school shall comply

16 with—

17 (1) this subtitle;

18 (2) any other provision of law applicable to the

19 school; and

20 (3) all of the terms and provisions of its char21 ter.

22 (b) POWERS.—A public charter school shall have all

23 of the powers necessary for carrying out its charter, in24 cluding the following powers:
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1 (1) To adopt a name and corporate seal, but

2 only if the name selected includes the words ‘‘public

3 charter school’’.

4 (2) To acquire real property for use as its

5 school facilities, from public or private sources.

6 (3) To receive and disburse funds for school

7 purposes.

8 (4) Subject to subsection (c)(1), to secure ap9 propriate insurance and to make contracts and

10 leases, including agreements to procure or purchase

11 services, equipment, and supplies.

12 (5) To incur debt in reasonable anticipation of

13 the receipt of funds from the general fund of the

14 District of Columbia or the receipt of other Federal

15 or private funds.

16 (6) To solicit and accept any grants or gifts for

17 school purposes, if the school—

18 (A) does not accept any grants or gifts

19 subject to any condition contrary to law or con20 trary to the terms of the petition to establish

21 the school as a public charter school; and

22 (B) maintains separate accounts for grants

23 or gifts for financial reporting purposes.
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1 (7) To be responsible for its own operation, in2 cluding preparation of a budget and personnel mat3 ters.

4 (8) To sue and be sued in its own name.

5 (c) PROHIBITIONS AND OTHER REQUIREMENTS.—

6 (1) CONTRACTING AUTHORITY.—

7 (A) NOTICE REQUIREMENT.—Except in

8 the case of an emergency, with respect to any

9 contract proposed to be awarded by a public

10 charter school and having a value equal to or

11 exceeding $10,000, the school shall publish a

12 notice of a request for proposals in the District

13 of Columbia Register not less than 30 days

14 prior to the award of the contract.

15 (B) SUBMISSION TO AUTHORITY.—

16 (i) DEADLINE FOR SUBMISSION.—

17 With respect to any contract described in

18 subparagraph (A) that is awarded by a

19 public charter school, the school shall sub20 mit to the Authority, not later than 3 days

21 after the date on which the award is made,

22 all bids for the contract received by the

23 school, the name of the contractor who is

24 awarded the contract, and the rationale for

25 the award of the contract.
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1 (ii) EFFECTIVE DATE OF CON2 TRACT.—

3 (I) IN GENERAL.—Subject to

4 subclause (II), a contract described in

5 subparagraph (A) shall become effec6 tive on the date that is 15 days after

7 the date the school makes the submis8 sion under clause (i) with respect to

9 the contract, or the effective date

10 specified in the contract, whichever is

11 later.

12 (II) EXCEPTION.—A contract de13 scribed in subparagraph (A) shall be

14 considered null and void if the Au15 thority determines, within 12 days of

16 the date the school makes the submis17 sion under clause (i) with respect to

18 the contract, that the contract endan19 gers the economic viability of the pub20 lic charter school.

21 (2) TUITION.—A public charter school may not

22 charge tuition, fees, or other mandatory payments,

23 except to nonresident students.

24 (3) CONTROL.—A public charter school—
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1 (A) shall exercise exclusive control over its

2 expenditures, administration, personnel, and in3 structional methods, within the limitations im4 posed in this title; and

5 (B) shall be exempt from statutes, policies,

6 rules, and regulations governing District of Co7 lumbia public schools established by the Super8 intendent, Board of Education, Mayor, District

9 of Columbia Council, or Authority, except as

10 otherwise provided in this title or in the charter

11 granted to the school.

12 (4) AUDITS.—A public charter school shall be

13 subject to the same financial audits, audit proce14 dures, and fiduciary requirements as a District of

15 Columbia public school.

16 (5) GOVERNANCE.—A public charter school

17 shall be governed by a Board of Trustees in a man18 ner consistent with the charter granted to the

19 school, the provisions of this title, and any other law

20 applicable to the school.

21 (6) OTHER STAFF.—No employee of the Dis22 trict of Columbia public schools may be required to

23 accept employment with, or be assigned to, a public

24 charter school.
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1 (7) OTHER STUDENTS.—No student enrolled in

2 a District of Columbia public school may be required

3 to attend a public charter school.

4 (8) TAXES OR BONDS.—A public charter school

5 shall not levy taxes or issue bonds.

6 (9) CHARTER REVISION.—A public charter

7 school seeking to revise its charter shall prepare a

8 petition for approval of the revision and file it with

9 the eligible chartering authority that granted the

10 charter. The provisions of section 2153 shall apply

11 to such a petition in the same manner as such provi12 sions apply to a petition to establish a public charter

13 school.

14 (10) ANNUAL REPORT.—

15 (A) IN GENERAL.—A public charter school

16 shall submit an annual report to the eligible

17 chartering authority that approved its charter

18 and to the Authority. The school shall permit a

19 member of the public to review any such report

20 upon request.

21 (B) CONTENTS.—A report submitted

22 under subparagraph (A) shall include the fol23 lowing data:

24 (i) Student performance on any dis25 trict-wide assessments.
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1 (ii) Grade advancement for students

2 enrolled in the public charter school.

3 (iii) Graduation rates, college admis4 sion test scores, and college admission

5 rates, if applicable.

6 (iv) Types and amounts of parental

7 involvement.

8 (v) Official student enrollment.

9 (vi) Average daily attendance.

10 (vii) Average daily membership.

11 (viii) A financial statement audited by

12 an independent certified public accountant.

13 (ix) A list of all donors and grantors

14 that have contributed monetary or in-kind

15 donations having a value equal or exceed16 ing $500 during the year that is the sub17 ject of the report.

18 (C) NONIDENTIFYING DATA.—Data de19 scribed in subparagraph (B) that are included

20 in an annual report may not identify the indi21 viduals to whom the data pertain.

22 (11) STUDENT ENROLLMENT REPORT.—A pub23 lic charter school shall report to the Mayor and the

24 District of Columbia Council annual student enroll25 ment on a grade-by-grade basis, including students
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1 with special needs, in a manner and form that per2 mits the Mayor and the District of Columbia Council

3 to comply with subtitle E.

4 (12) CENSUS.—A public charter school shall

5 provide to the Board of Education student enroll6 ment data necessary for the Board to comply with

7 section 3 of article II of the Act of February 4,

8 1925 (D.C. Code, sec. 31–404) (relating to census

9 of minors).

10 (13) COMPLAINT RESOLUTION PROCESS.—A

11 public charter school shall establish an informal

12 complaint resolution process.

13 (14) PROGRAM OF EDUCATION.—A public char14 ter school shall provide a program of education

15 which shall include one or more of the following:

16 (A) Pre-school.

17 (B) Pre-kindergarten.

18 (C) Any grade or grades from kindergarten

19 through 12th grade.

20 (D) Adult community, continuing, and vo21 cational education programs.

22 (15) NONSECTARIAN NATURE OF SCHOOLS.—A

23 public charter school shall be nonsectarian.

24 (16) NONPROFIT STATUS OF SCHOOL.—A pub25 lic charter school shall be organized under the Dis-
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1 trict of Columbia Nonprofit Corporation Act (D.C.

2 Code, sec. 29–501 et seq.).

3 (17) IMMUNITY FROM CIVIL LIABILITY.—

4 (A) IN GENERAL.—A public charter school,

5 and its incorporators, Board of Trustees, offi6 cers, employees, and volunteers, shall be im7 mune from civil liability, both personally and

8 professionally, for any act or omission within

9 the scope of their official duties unless the act

10 or omission—

11 (i) constitutes gross negligence;

12 (ii) constitutes an intentional tort; or

13 (iii) is criminal in nature.

14 (B) COMMON LAW IMMUNITY PRE15 SERVED.—Subparagraph (A) shall not be con16 strued to abrogate any immunity under com17 mon law of a person described in such subpara18 graph.

19 SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER

20 SCHOOL.

21 (a) BOARD OF TRUSTEES.—The members of a Board

22 of Trustees of a public charter school shall be elected or

23 selected pursuant to the charter granted to the school.

24 Such a board shall have an odd number of members that

25 does not exceed 7, of which—
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1 (1) a majority shall be residents of the District

2 of Columbia; and

3 (2) at least 2 shall be a parent of a student at4 tending the school.

5 (b) ELIGIBILITY.—An individual is eligible for elec6 tion or selection to the Board of Trustees of a public char7 ter school if the person—

8 (1) is a teacher or staff member who is em9 ployed at the school;

10 (2) is a parent of a student attending the

11 school; or

12 (3) meets the selection or election criteria set

13 forth in the charter granted to the school.

14 (c) ELECTION OR SELECTION OF PARENTS.—In the

15 case of the first Board of Trustees of a public charter

16 school to be elected or selected after the date on which

17 the school is granted a charter, the election or selection

18 of the members under subsection (a)(2) shall occur on the

19 earliest practicable date after classes at the school have

20 commenced. Until such date, any other members who have

21 been elected or selected shall serve as an interim Board

22 of Trustees. Such an interim board may exercise all of

23 the powers, and shall be subject to all of the duties, of

24 a Board of Trustees.
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1 (d) FIDUCIARIES.—The Board of Trustees of a public

2 charter school shall be fiduciaries of the school and shall

3 set overall policy for the school. The Board of Trustees

4 may make final decisions on matters related to the oper5 ation of the school, consistent with the charter granted

6 to the school, this title, and other applicable law.

7 SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITH8 DRAWAL.

9 (a) OPEN ENROLLMENT.—Enrollment in a public

10 charter school shall be open to all students who are resi11 dents of the District of Columbia and, if space is available,

12 to nonresident students who meet the tuition requirement

13 in subsection (e).

14 (b) CRITERIA FOR ADMISSION.—A public charter

15 school may not limit enrollment on the basis of a student’s

16 intellectual or athletic ability, measures of achievement or

17 aptitude, or a student’s disability. A public charter school

18 may limit enrollment to specific grade levels or areas of

19 focus of the school, such as mathematics, science, or the

20 arts, where such a limitation is consistent with the charter

21 granted to the school.

22 (c) RANDOM SELECTION.—If there are more applica23 tions to enroll in a public charter school from students

24 who are residents of the District of Columbia than there
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1 are spaces available, students shall be admitted using a

2 random selection process.

3 (d) ADMISSION TO AN EXISTING SCHOOL.—During

4 the 5-year period beginning on the date that a petition,

5 filed by an eligible applicant seeking to convert an existing

6 public, private, or independent school into a public charter

7 school, is approved, the school shall give priority in enroll8 ment to—

9 (1) students enrolled in the school at the time

10 that the petition is granted;

11 (2) the siblings of students described in para12 graph (1); and

13 (3) in the case of the conversion of an existing

14 public school, students who reside within the attend15 ance boundaries, if any, in which the school is lo16 cated.

17 (e) NONRESIDENT STUDENTS.—Nonresident stu18 dents shall pay tuition to a public charter school at the

19 current rate established for District of Columbia public

20 schools administered by the Board of Education for the

21 type of program in which the student has enrolled.

22 (f) STUDENT WITHDRAWAL.—A student may with23 draw from a public charter school at any time and, if oth24 erwise eligible, enroll in a District of Columbia public

25 school administered by the Board of Education.
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1 (g) EXPULSION AND SUSPENSION.—The principal of

2 a public charter school may expel or suspend a student

3 from the school based on criteria set forth in the charter

4 granted to the school.

5 SEC. 2157. EMPLOYEES.

6 (a) EXTENDED LEAVE OF ABSENCE WITHOUT

7 PAY.—

8 (1) LEAVE OF ABSENCE FROM DISTRICT OF CO9 LUMBIA PUBLIC SCHOOLS.—The Superintendent

10 shall grant, upon request, an extended leave of ab11 sence, without pay, to an employee of the District of

12 Columbia public schools for the purpose of permit13 ting the employee to accept a position at a public

14 charter school for a 2-year term.

15 (2) REQUEST FOR EXTENSION.—At the end of

16 a 2-year term referred to in paragraph (1), an em17 ployee granted an extended leave of absence without

18 pay under the paragraph may submit a request to

19 the Superintendent for an extension of the leave of

20 absence for an additional 2-year term. The Super21 intendent may not unreasonably withhold approval

22 of the request.

23 (3) RIGHTS UPON TERMINATION OF LEAVE.—

24 An employee granted an extended leave of absence

25 without pay for the purpose described in paragraph
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1 (1) shall have the same rights and benefits under

2 law upon termination of such leave of absence as an

3 employee of the District of Columbia public schools

4 who is granted an extended leave of absence without

5 pay for any other purpose.

6 (b) RETIREMENT SYSTEM.—

7 (1) CREDITABLE SERVICE.—An employee of a

8 public charter school who has received a leave of ab9 sence under subsection (a) shall receive creditable

10 service, as defined in section 2604 of D.C. Law 2–

11 139, effective March 3, 1979, (D.C. Code, sec. 1–

12 627.4) and the rules established under such section,

13 for the period of the employee’s employment at the

14 public charter school.

15 (2) AUTHORITY TO ESTABLISH SEPARATE SYS16 TEM.—A public charter school may establish a re17 tirement system for employees under its authority.

18 (3) ELECTION OF RETIREMENT SYSTEM.—A

19 former employee of the District of Columbia public

20 schools who become an employee of a public charter

21 school within 60 after the date the employee’s em22 ployment with the District of Columbia public

23 schools is terminated may, at the time the employee

24 commences employment with the public charter

25 school, elect—
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1 (A) to remain in a District of Columbia

2 government retirement system and continue to

3 receive creditable service for the period of their

4 employment at a public charter school; or

5 (B) to transfer into a retirement system

6 established by the public charter school pursu7 ant to paragraph (2) .

8 (4) PROHIBITED EMPLOYMENT CONDITIONS.—

9 No public charter school may require a former em10 ployee of the District of Columbia public schools to

11 transfer to the public charter school’s retirement

12 system as a condition of employment.

13 (5) CONTRIBUTIONS.—

14 (A) EMPLOYEES ELECTING NOT TO TRANS15 FER.—In the case of a former employee of the

16 District of Columbia public schools who elects

17 to remain in a District of Columbia government

18 retirement system pursuant to paragraph

19 (3)(A), the public charter school that employs

20 the person shall make the same contribution to

21 such system on behalf of the person as the Dis22 trict of Columbia would have been required to

23 make if the person had continued to be an em24 ployee of the District of Columbia public

25 schools.
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1 (B) EMPLOYEES ELECTING TO TRANS2 FER.—In the case of a former employee of the

3 District of Columbia public schools who elects

4 to transfer into a retirement system of a public

5 charter school pursuant to paragraph (3)(B),

6 the applicable District of Columbia government

7 retirement system from which the former em8 ployee is transferring shall compute the employ9 ee’s contribution to that system and transfer

10 this amount, to the retirement system by the

11 public charter school.

12 (c) EMPLOYMENT STATUS.—Notwithstanding any

13 other provision of law, an employee of a public charter

14 school shall not be considered to be an employee of the

15 District of Columbia government for any purpose.

16 SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPOR17 TATION.

18 A student attending a public charter school shall be

19 eligible for reduced fares on the Metrobus and Metrorail

20 Transit System on the same terms and conditions as are

21 applicable under section 2 of D.C. Law 2–152, effective

22 March 9, 1979, (D.C. Code, sec. 44–216 et seq.) to a stu23 dent attending a District of Columbia public school.
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1 SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV2 ICES TO PUBLIC CHARTER SCHOOLS.

3 The Superintendent may provide services such as fa4 cilities maintenance to public charter schools. All com5 pensation for costs of such services shall be subject to ne6 gotiation and mutual agreement between a public charter

7 school and the Superintendent.

8 SEC. 2160. APPLICATION OF LAW.

9 (a) ELEMENTARY AND SECONDARY EDUCATION

10 ACT.—

11 (1) TREATMENT AS LOCAL EDUCATIONAL

12 AGENCY.—For any fiscal year, a public charter

13 school shall be considered to be a local educational

14 agency for purposes of part A of title I of the Ele15 mentary and Secondary Education Act of 1965, and

16 shall be eligible for assistance under such part, if the

17 percentage of pupils enrolled in the public charter

18 school during the preceding fiscal year who were eli19 gible for, and received, free or reduced price school

20 lunches under the National School Lunch Act is

21 equal to or greater than the lowest such percentage

22 for any District of Columbia public school that was

23 selected to provide services under section 1113 of

24 such Act for such preceding year.

25 (2) ALLOCATION FOR FISCAL YEARS 1996

26 THROUGH 1998.—
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1 (A) PUBLIC CHARTER SCHOOLS.—For fis2 cal years 1996 through 1998, each public char3 ter school that is eligible to receive assistance

4 under part A of title I of the Elementary and

5 Secondary Education Act of 1965 shall receive

6 a portion of the District of Columbia’s total al7 location under such part which bears the same

8 ratio to such total allocation as the number de9 scribed in subparagraph (C) bears to the num10 ber described in subparagraph (D).

11 (B) DISTRICT OF COLUMBIA PUBLIC

12 SCHOOLS.—For fiscal years 1996 through

13 1998, the District of Columbia public schools

14 shall receive a portion of the District of Colum15 bia’s total allocation under part A of title I of

16 the Elementary and Secondary Education Act

17 of 1965 which bears the same ratio to such

18 total allocation as the total of the numbers de19 scribed in clauses (ii) and (iii) of paragraph

20 (2)(D) bears to the aggregate total described in

21 paragraph (2)(D).

22 (C) NUMBER OF ELIGIBLE PUPILS EN23 ROLLED IN THE PUBLIC CHARTER SCHOOL.—

24 The number described in this subparagraph is

25 the number of pupils enrolled in the public
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1 charter school during the preceding fiscal year

2 who were eligible for, and received, free or re3 duced price school lunches under the National

4 School Lunch Act.

5 (D) AGGREGATE NUMBER OF ELIGIBLE

6 PUPILS.—The number described in this sub7 paragraph is the aggregate total of the follow8 ing numbers:

9 (i) The number of pupils enrolled dur10 ing the preceding fiscal year in all eligible

11 public charter schools who were eligible

12 for, and received, free or reduced price

13 school lunches under the National School

14 Lunch Act.

15 (ii) The number of pupils who, during

16 the preceding fiscal year—

17 (I) were enrolled in a District of

18 Columbia public school selected to

19 provide services under section 1113 of

20 the Elementary and Secondary Edu21 cation Act of 1965; and

22 (II) were eligible for, and re23 ceived, free or reduced price school

24 lunches under the National School

25 Lunch Act.
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1 (iii) The number of pupils who, during

2 the preceding fiscal year—

3 (I) were enrolled in a private or

4 independent school;

5 (II) were eligible for, and re6 ceived, free or reduced price school

7 lunches under the National School

8 Lunch Act; and

9 (III) resided in an attendance

10 area of a District of Columbia public

11 school selected to provide services

12 under section 1113 of the Elementary

13 and Secondary Education Act of

14 1965.

15 (3) ALLOCATION FOR FISCAL YEAR 1999 AND

16 THEREAFTER.—

17 (A) CALCULATION BY SECRETARY.—Not18 withstanding sections 1124(a)(2), 1124(c)(2),

19 1124A(a)(4), 1125(c)(2), and 1125(d) of the

20 Elementary and Secondary Education Act of

21 1965, for fiscal year 1999 and fiscal years

22 thereafter, the total allocation under part A of

23 title I of such Act for all local educational agen24 cies in the District of Columbia, including pub25 lic charter schools that are eligible to receive as-
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1 sistance under such part, shall be calculated by

2 the Secretary of Education. In making such cal3 culation, such Secretary shall treat all such

4 local educational agencies as if they were a sin5 gle local educational agency for the District of

6 Columbia.

7 (B) ALLOCATION.—

8 (i) PUBLIC CHARTER SCHOOLS.—For

9 fiscal year 1999 and fiscal years there10 after, each public charter school that is eli11 gible to receive assistance under part A of

12 title I of the Elementary and Secondary

13 Education Act of 1965 shall receive a por14 tion of the total allocation calculated under

15 subparagraph (A) which bears the same

16 ratio to such total allocation as the number

17 described in paragraph (2)(C) bears to the

18 number described in paragraph (2)(D).

19 (ii) DISTRICT OF COLUMBIA PUBLIC

20 SCHOOLS.—For fiscal year 1999 and fiscal

21 years thereafter, the District of Columbia

22 public schools shall receive a portion of the

23 total allocation calculated under subpara24 graph (A) which bears the same ratio to

25 such total allocation as the total of the
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1 numbers described in clauses (ii) and (iii)

2 of paragraph (2)(D) bears to the aggregate

3 total described in paragraph (2)(D).

4 (4) USE OF ESEA FUNDS.—The Board of Edu5 cation may not direct a public charter school in the

6 charter school’s use of funds under part A of title

7 I of the Elementary and Secondary Education Act

8 of 1965.

9 (5) INAPPLICABILITY OF CERTAIN ESEA PROVI10 SIONS.—The following provisions of the Elementary

11 and Secondary Education Act of 1965 shall not

12 apply to a public charter school:

13 (A) Paragraphs (5), (8), and (9) of section

14 1112(b).

15 (B) Subsection 1112(c).

16 (C) Section 1113.

17 (D) Section 1115A.

18 (E) Subsections (a), (b), and (c) of section

19 1116.

20 (F) Subsections (a), (c), (d), (e), (f), and

21 (g) of section 1118.

22 (G) Section 1120.

23 (H) Subsections (a) and (c) of section

24 1120A.

25 (I) Section 1120B.
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1 (J) Section 1126.

2 (b) PROPERTY AND SALES TAXES.—A public charter

3 school shall be exempt from District of Columbia property

4 and sales taxes.

5 SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING

6 AUTHORITIES.

7 (a) OVERSIGHT.—

8 (1) IN GENERAL.—An eligible chartering au9 thority—

10 (A) shall monitor the operations of each

11 public charter school to which the authority has

12 granted a charter;

13 (B) shall ensure that each such school

14 complies with applicable laws and the provisions

15 of the charter granted to the school; and

16 (C) shall monitor the progress of each such

17 school in meeting student academic achievement

18 expectations specified in the charter granted to

19 the school.

20 (2) PRODUCTION OF BOOKS AND RECORDS.—

21 An eligible chartering authority may require a public

22 charter school to which the authority has granted a

23 charter to produce any book, record, paper, or docu24 ment, if the authority determines that such produc-
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1 tion is necessary for the authority to carry out its

2 functions under this title.

3 (b) FEES.—

4 (1) APPLICATION FEE.—An eligible chartering

5 authority may charge an eligible applicant a fee, not

6 to exceed $150, for processing a petition to establish

7 a public charter school.

8 (2) ADMINISTRATION FEE.—In the case of an

9 eligible chartering authority that has granted a char10 ter to an public charter school, the authority may

11 charge the school a fee, not to exceed one-half of one

12 percent of the annual budget of the school, to cover

13 the cost of undertaking the ongoing administrative

14 responsibilities of the authority with respect to the

15 school that are described in this subtitle. The school

16 shall pay the fee to the eligible chartering authority

17 not later than November 15 of each year.

18 (c) IMMUNITY FROM CIVIL LIABILITY.—

19 (1) IN GENERAL.—An eligible chartering au20 thority, a governing board of such an authority, and

21 the directors, officers, employees, and volunteers of

22 such an authority, shall be immune from civil liabil23 ity, both personally and professionally, for any act or

24 omission within the scope of their official duties un25 less the act or omission—
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1 (A) constitutes gross negligence;

2 (B) constitutes an intentional tort; or

3 (C) is criminal in nature.

4 (2) COMMON LAW IMMUNITY PRESERVED.—

5 Paragraph (1) shall not be construed to abrogate

6 any immunity under common law of a person de7 scribed in such paragraph.

8 SEC. 2162. CHARTER RENEWAL.

9 (a) TERM.—A charter granted to a public charter

10 school shall remain in force for a 5-year period, but may

11 be renewed for an unlimited number of 5-year periods.

12 (b) APPLICATION FOR CHARTER RENEWAL.—In the

13 case of a public charter school that desires to renew its

14 charter, the Board of Trustees of the school shall file an

15 application to renew the charter with the eligible charter16 ing authority that granted the charter not later than 120

17 days before the expiration of the charter. The application

18 shall contain the following:

19 (1) A report on the progress of the public char20 ter school in achieving the goals, student academic

21 achievement expectations, and other terms of the ap22 proved charter.

23 (2) All audited financial statements for the pub24 lic charter school for the preceding 4 years.
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1 (c) APPROVAL OF CHARTER RENEWAL APPLICA2 TION.—The eligible chartering authority that granted a

3 charter shall approve an application to renew the charter

4 that is filed in accordance with subsection (b) unless the

5 authority determines that—

6 (1) the school committed a material violation of

7 the conditions, terms, standards, or procedures set

8 forth in the charter; or

9 (2) the school failed to meet the goals and stu10 dent academic achievement expectations set forth in

11 the charter.

12 (d) PROCEDURES FOR CONSIDERATION OF CHARTER

13 RENEWAL.—

14 (1) NOTICE OF RIGHT TO HEARING.—An eligi15 ble chartering authority that has received an appli16 cation to renew a charter that is filed by a Board

17 of Trustees in accordance with subsection (b) shall

18 provide to the Board written notice of the right to

19 an informal hearing on the application. The eligible

20 chartering authority shall provide the notice not

21 later than 15 days after the date on which the au22 thority received the application.

23 (2) REQUEST FOR HEARING.—Not later than

24 15 days after the date on which a Board of Trustees

25 receives a notice under paragraph (1), the Board
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1 may request, in writing, an informal hearing on the

2 application before the eligible chartering authority.

3 (3) DATE AND TIME OF HEARING.—

4 (A) NOTICE.—Upon receiving a timely

5 written request for a hearing under paragraph

6 (2), an eligible chartering authority shall set a

7 date and time for the hearing and shall provide

8 reasonable notice of the date and time, as well

9 as the procedures to be followed at the hearing,

10 to the Board.

11 (B) DEADLINE.—An informal hearing

12 under this subsection shall take place not later

13 than 30 days after an eligible chartering au14 thority receives a timely written request for the

15 hearing under paragraph (2).

16 (4) FINAL DECISION.—

17 (A) DEADLINE.—An eligible chartering au18 thority shall render a final decision, in writing,

19 on an application to renew a charter—

20 (i) not later than 30 days after the

21 date on which the authority provided the

22 written notice of the right to a hearing, in

23 the case of an application with respect to

24 which such a hearing is not held; and
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1 (ii) not later than 30 days after the

2 date on which the hearing is concluded, in

3 the case of an application with respect to

4 which a hearing is held.

5 (B) REASONS FOR NONRENEWAL.—An eli6 gible chartering authority that denies an appli7 cation to renew a charter shall state in its deci8 sion, in reasonable detail, the grounds for the

9 denial.

10 (5) ALTERNATIVES UPON NONRENEWAL.—An

11 eligible chartering authority that denies an applica12 tion to renew a charter granted to a public charter

13 school, or whose decision approving such an applica14 tion is reversed under section 2162(e), may—

15 (A) manage the school directly until alter16 native arrangements can be made for students

17 at the school; or

18 (B) place the school in a probationary sta19 tus that requires the school to take remedial ac20 tions, to be determined by the authority, that

21 directly relate to the grounds for the denial.

22 (6) JUDICIAL REVIEW.—

23 (A) AVAILABILITY OF REVIEW.—A decision

24 by an eligible chartering authority to deny an
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1 application to renew a charter shall be subject

2 to judicial review.

3 (B) STANDARD OF REVIEW.—A decision by

4 an eligible chartering authority to deny an ap5 plication to renew a charter shall be upheld un6 less the decision is arbitrary and capricious or

7 clearly erroneous.

8 (e) BOARD OF EDUCATION RENEWAL REVIEW.—

9 (1) NOTICE OF DECISION TO RENEW.—An eligi10 ble chartering authority, other than the Board of

11 Education, that renders a decision to approve an ap12 plication to renew a charter granted to a public

13 charter school—

14 (A) shall provide a copy of the decision to

15 the Superintendent, the Board of Education,

16 and the school not later than 3 days after the

17 decision is rendered; and

18 (B) shall publish the decision in the Dis19 trict of Columbia Register not later than 5 days

20 after the decision is rendered.

21 (2) RECOMMENDATION OF SUPERINTEND22 ENT.—Not later than 30 days after an eligible char23 tering authority provides a copy of a decision ap24 proving an application to renew a charter to the Su25 perintendent under paragraph (1), the Superintend-
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1 ent may recommend to the Board of Education, in

2 writing, that the decision be reversed.

3 (3) STANDARD OF REVIEW BY BOARD OF EDU4 CATION.—The Board of Education may concur in a

5 recommendation of the Superintendent under para6 graph (2), and reverse a decision approving an appli7 cation to renew a charter granted to a public charter

8 school, if the Board of Education determines that—

9 (A) the school failed to meet the goals and

10 student academic achievement expectations set

11 forth in the charter, in the case of a school that

12 has a student body the majority of which com13 prises students with special needs; or

14 (B) the average test score for all students

15 enrolled in the school was less than the average

16 test score for all students enrolled in the Dis17 trict of Columbia public schools on the most re18 cently administered the district-wide assess19 ments, in the case of a school that has a stu20 dent body the majority of which does not com21 prise students with special needs.

22 (4) PROCEDURES FOR REVERSING DECISION.—

23 (A) NOTICE OF RIGHT TO HEARING.—In

24 any case in which the Board of Education is

25 considering reversing a decision approving an
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1 application to renew a charter granted to a

2 public charter school, the Board of Education

3 shall provide to the Board of Trustees of the

4 school a written notice stating in reasonable de5 tail the grounds for the proposed reversal. The

6 notice shall inform the Board of Trustees of the

7 right to an informal hearing on the proposed

8 reversal.

9 (B) REQUEST FOR HEARING.—Not later

10 than 15 days after the date on which a Board

11 of Trustees receives a notice under subpara12 graph (A), the Board may request, in writing,

13 an informal hearing on the proposed reversal

14 before the Board of Education.

15 (C) DATE AND TIME OF HEARING.—

16 (i) NOTICE.—Upon receiving a timely

17 written request for a hearing under sub18 paragraph (B), the Board of Education

19 shall set a date and time for the hearing

20 and shall provide reasonable notice of the

21 date and time, as well as the procedures to

22 be followed at the hearing, to the Board of

23 Trustees.

24 (ii) DEADLINE.—An informal hearing

25 under this paragraph shall take place not
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1 later than 30 days after the Board of Edu2 cation receives a timely written request for

3 the hearing under subparagraph (B).

4 (D) FINAL DECISION.—

5 (i) DEADLINE.—The Board of Edu6 cation shall render a final decision, in writ7 ing, on the proposed reversal—

8 (I) not later than 30 days after

9 the date on which the Board of Edu10 cation provided the written notice of

11 the right to a hearing, in the case of

12 a proposed reversal with respect to

13 which such a hearing is not held; and

14 (II) not later than 30 days after

15 the date on which the hearing is con16 cluded, in the case of a proposed re17 versal with respect to which a hearing

18 is held.

19 (ii) REASONS FOR REVERSAL.—If the

20 Board of Education reverses a decision ap21 proving an application to renew a charter,

22 the Board of Education shall state in its

23 decision, in reasonable detail, the grounds

24 for the reversal.

25 (E) JUDICIAL REVIEW.—
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1 (i) AVAILABILITY OF REVIEW.—A de2 cision by the Board of Education to re3 verse a decision approving an application

4 to renew a charter shall be subject to judi5 cial review.

6 (ii) STANDARD OF REVIEW.—A deci7 sion by the Board of Education to reverse

8 a decision approving an application to

9 renew a charter shall be upheld unless the

10 decision is arbitrary and capricious or

11 clearly erroneous.

12 SEC. 2163. CHARTER REVOCATION.

13 (a) CHARTER OR LAW VIOLATIONS.—An eligible

14 chartering authority that has granted a charter to a public

15 charter school may revoke the charter if the authority de16 termines that the school has committed a violation of ap17 plicable laws or a material violation of the conditions,

18 terms, standards, or procedures set forth in the charter.

19 (b) FISCAL MISMANAGEMENT.—An eligible charter20 ing authority that has granted a charter to a public char21 ter school shall revoke the charter if the authority deter22 mines that the school—

23 (1) has engaged in a pattern of nonadherence

24 to generally accepted accounting principles;
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1 (2) has engaged in a pattern of fiscal mis2 management; or

3 (3) is no longer economically viable.

4 (c) PROCEDURES FOR CONSIDERATION OF REVOCA5 TION.—

6 (1) NOTICE OF RIGHT TO HEARING.—An eligi7 ble chartering authority that is proposing to revoke

8 a charter granted to a public charter school shall

9 provide to the Board of Trustees of the school a

10 written notice stating in reasonable detail the

11 grounds for the proposed revocation. The notice

12 shall inform the Board of the right of the Board to

13 an informal hearing on the proposed revocation.

14 (2) REQUEST FOR HEARING.—Not later than

15 15 days after the date on which a Board of Trustees

16 receives a notice under paragraph (1), the Board

17 may request, in writing, an informal hearing on the

18 proposed revocation before the eligible chartering au19 thority.

20 (3) DATE AND TIME OF HEARING.—

21 (A) NOTICE.—Upon receiving a timely

22 written request for a hearing under paragraph

23 (2), an eligible chartering authority shall set a

24 date and time for the hearing and shall provide

25 reasonable notice of the date and time, as well
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1 as the procedures to be followed at the hearing,

2 to the Board.

3 (B) DEADLINE.—An informal hearing

4 under this subsection shall take place not later

5 than 30 days after an eligible chartering au6 thority receives a timely written request for the

7 hearing under paragraph (2).

8 (4) FINAL DECISION.—

9 (A) DEADLINE.—An eligible chartering au10 thority shall render a final decision, in writing,

11 on the revocation of a charter—

12 (i) not later than 30 days after the

13 date on which the authority provided the

14 written notice of the right to a hearing, in

15 the case of a proposed revocation with re16 spect to which such a hearing is not held;

17 and

18 (ii) not later than 30 days after the

19 date on which the hearing is concluded, in

20 the case of a proposed revocation with re21 spect to which a hearing is held.

22 (B) REASONS FOR REVOCATION.—An eligi23 ble chartering authority that revokes a charter

24 shall state in its decision, in reasonable detail,

25 the grounds for the denial.
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1 (5) ALTERNATIVES UPON REVOCATION.—An el2 igible chartering authority that revokes a charter

3 granted to a public charter school may manage the

4 school directly until alternative arrangements can be

5 made for students at the school.

6 (6) JUDICIAL REVIEW.—

7 (A) AVAILABILITY OF REVIEW.—A decision

8 by an eligible chartering authority to revoke a

9 charter shall be subject to judicial review.

10 (B) STANDARD OF REVIEW.—A decision by

11 an eligible chartering authority to revoke a

12 charter shall be upheld unless the decision is

13 arbitrary and capricious or clearly erroneous.

14 SEC. 2164. DISCONTINUANCE OF ELIGIBLE CHARTERING

15 AUTHORITY.

16 (a) NOTICE.—In the case of an eligible chartering au17 thority that has granted a charter to a public charter

18 school and that becomes unable or unwilling to continue

19 to act in the capacity of an eligible chartering authority

20 with respect to the school, the authority shall provide writ21 ten notice of such discontinuance to the school, to the ex22 tent feasible, not later than the date that is 120 days be23 fore the date on which such discontinuance takes effect.

24 (b) PETITION BY SCHOOL.—A public charter school

25 that has been granted a charter by an eligible chartering
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1 authority that becomes unable or unwilling to continue to

2 act in the capacity of an eligible chartering authority with

3 respect to the school shall file a petition with another eligi4 ble chartering authority described in subsection (c)(2).

5 The petition shall request that such other authority as6 sume the powers and duties of an eligible chartering au7 thority with respect to the school and the charter granted

8 to the school. The petition shall be filed—

9 (1) in the case of a public charter school that

10 received a timely notice under subsection (a), not

11 later than 120 days after such notice was received;

12 and

13 (2) in the case of a public charter school that

14 did not receive a timely notice under subsection (a),

15 not later than 120 days after the date on which the

16 eligible chartering authority ceases to act in the ca17 pacity of an eligible chartering authority with re18 spect to the school.

19 (c) CHARTERING AUTHORITIES REQUIRED TO AS20 SUME DUTIES.—

21 (1) IN GENERAL.—If any of the eligible char22 tering authorities described in paragraph (2) re23 ceives a petition filed by a public charter school in

24 accordance with subsection (b), the eligible charter25 ing authority shall grant the petition and assume the
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1 powers and duties of an eligible chartering authority

2 with respect to the school and the charter granted

3 to the school.

4 (2) ELIGIBLE CHARTERING AUTHORITIES.—

5 The eligible chartering authorities referred to in

6 paragraph (1) are the following:

7 (A) The Board of Education.

8 (B) Any other entity established, and des9 ignated as an eligible chartering authority, by

10 the District of Columbia Council by enactment

11 of a bill after the date of the enactment of this

12 Act.

13 (d) INTERIM POWERS AND DUTIES OF SCHOOL.—

14 Except as provided in this section, the powers and duties

15 of a public charter school that has been granted a charter

16 by an eligible chartering authority that becomes unable

17 or unwilling to continue to act in the capacity of an eligible

18 chartering authority with respect to the school shall not

19 be affected by such discontinuance, if the school satisfies

20 the requirements of this section.

21 SEC. 2165. FEDERAL ENTITIES.

22 (a) IN GENERAL.—The following Federal agencies

23 and federally-established institutions shall explore whether

24 it is feasible for the agency or institution to establish one

25 or more public charter schools:
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1 (1) The Library of Congress.

2 (2) The National Aeronautics and Space Ad3 ministration.

4 (3) The Drug Enforcement Agency.

5 (4) The National Science Foundation.

6 (5) The Department of Justice.

7 (6) The Department of Defense.

8 (7) The Smithsonian Institution, including the

9 National Zoological Park, the National Museum of

10 American History, the Kennedy Center for the Per11 forming Arts, and the National Gallery of Art.

12 (b) DETERMINATION.—Not later than 120 days after

13 the date of the enactment of this Act, each agency and

14 institution listed in subsection (a) shall make a determina15 tion regarding whether it is feasible for the agency or in16 stitution to establish one or more public charter schools.

17 (c) REPORT.—Not later than 270 days after the date

18 of the enactment of this Act, any agency or institution

19 listed in subsection (a) that has not filed a petition to es20 tablish a public charter school with an eligible chartering

21 authority shall report to the Congress the reasons for the

22 decision.
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1 Subtitle C—Even Start

2 SEC. 2201. AMENDMENTS FOR EVEN START PROGRAMS.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

4 1002 of the Elementary and Secondary Education Act of

5 1965 is amended by striking subsection (b) and inserting

6 the following:

7 ‘‘(b) EVEN START.—

8 ‘‘(1) IN GENERAL.—For the purpose of carry9 ing out part B, other than Even Start programs for

10 the District of Columbia as described in paragraph

11 (2), there are authorized to be appropriated

12 $118,000,000 for fiscal year 1995 and such sums as

13 may be necessary for each of the four succeeding fis14 cal years.

15 ‘‘(2) DISTRICT OF COLUMBIA.—For the purpose

16 of carrying out Even Start programs in the District

17 of Columbia as described in section 1211, there are

18 authorized to be appropriated—

19 ‘‘(A) for fiscal year 1996, $2,000,000 for

20 continued funding made in fiscal year 1995,

21 and for new grants, for an aggregate of 8;

22 ‘‘(B) for fiscal year 1997, $3,500,000 for

23 continued funding made in fiscal year 1996 and

24 for new grants, for an aggregate of 14;
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1 ‘‘(C) for fiscal year 1998, $5,000,000 for

2 continued funding made in fiscal years 1996

3 and 1997 and for new grants, for an aggregate

4 of 20 grants in such fiscal year;

5 ‘‘(D) for fiscal year 1999, $5,000,000 for

6 continued funding made in fiscal years 1996,

7 1997, and 1998 and for new grants, for an ag8 gregate of 20 grants in such fiscal year; and

9 ‘‘(E) for fiscal year 2000, $5,000,000 for

10 continued funding made in fiscal years 1996,

11 1997, 1998, and 1999 and for new grants, for

12 an aggregate of 20 grants in such fiscal year or

13 such number as the Secretary determines ap14 propriate pursuant to the evaluation described

15 in section 1211(i)(2).’’.

16 (b) EVEN START FAMILY LITERACY PROGRAMS.—

17 Part B of title I of the Elementary and Secondary Edu18 cation Act of 1965 is amended—

19 (1) in section 1202(a)(1), by inserting ‘‘(1)’’

20 after ‘‘1002(b)’’;

21 (2) in section 1202(b), by inserting ‘‘(1)’’ after

22 ‘‘1002(b)’’;

23 (3) in section 1202(d)(1)—

24 (A) by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

25 and
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1 (B) by inserting ‘‘or under section 1211,’’

2 after ‘‘subsections (a), (b), and (c),’’;

3 (4) in section 1202(d)(3), by inserting ‘‘(1)’’

4 after ‘‘1002(b)’’;

5 (5) in section 1202(e)(4), by striking ‘‘, the

6 District of Columbia,’’;

7 (6) in section 1204(a), by inserting ‘‘intensive’’

8 after ‘‘cost of providing’’;

9 (7) in section 1205(4), by inserting ‘‘, inten10 sive’’ after ‘‘high-quality’’;

11 (8) in section 1206(b)(1), by striking ‘‘de12 scribed in subsection (a)’’; and

13 (9) by adding at the end the following new sec14 tion:

15 ‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA16 TIVES.

17 ‘‘(a) D.C. PROGRAM AUTHORIZED.—The Secretary

18 shall provide grants, on a competitive basis, to assist eligi19 ble entities to carry out Even Start programs in the Dis20 trict of Columbia that build on the findings of the ‘Na21 tional Evaluation of the Even Start Family Literacy Pro22 gram’, such as providing intensive services in parent train23 ing and adult literacy or adult education.
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1 ‘‘(b) DEFINITION OF ‘ELIGIBLE’’.—For the purpose

2 of this section, the term ‘eligible entity’ means a partner3 ship composed of at least—

4 ‘‘(1) a public school in the District of Columbia;

5 ‘‘(2) the local educational agency in existence

6 on September 1, 1995 for the District of Columbia,

7 any other public organization, or an institution of

8 higher education; and

9 ‘‘(3) a private nonprofit community-based orga10 nization.

11 ‘‘(c) USES OF FUNDS; COST-SHARING.—

12 ‘‘(1) COMPLIANCE.—Each eligible entity that

13 receives funds under this section shall comply with

14 section 1204(a) and 1204(b)(3), relating to the use

15 of such funds.

16 ‘‘(2) COST-SHARING.—Each program funded

17 under this section is subject to the cost-sharing re18 quirement of section 1204(b)(1), except that the

19 Secretary may waive that requirement, in whole or

20 in part, for any eligible entity that demonstrates to

21 the Secretary’s satisfaction that such entity other22 wise would not be able to participate in the program

23 under this section.

24 ‘‘(3) MINIMUM.—Except as provided in para25 graph (4), each eligible entity selected to receive a
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1 grant under this section shall receive not more than

2 $250,000 in any fiscal year, except that the Sec3 retary may increase such amount if the Secretary

4 determines that—

5 ‘‘(A) such entity needs additional funds to

6 be effective; and

7 ‘‘(B) the increase will not reduce the

8 amount of funds available to other programs

9 that receive funds under this section.

10 ‘‘(4) REMAINING FUNDS.—If funds remain

11 after payments are made under paragraph (3) for

12 any fiscal year, the Secretary shall make such re13 maining funds available to each selected eligible en14 tity in such fiscal year on a pro rata basis.

15 ‘‘(d) PROGRAM ELEMENTS.—Each program assisted

16 under this section shall comply with the program elements

17 described in section 1205, including intensive high quality

18 instruction programs of parent training and adult literacy

19 or adult education.

20 ‘‘(e) ELIGIBLE PARTICIPANTS.—

21 ‘‘(1) IN GENERAL.—Individuals eligible to par22 ticipate in a program under this section are—

23 ‘‘(A) the parent or parents of a child de24 scribed in subparagraph (B), or any other adult
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1 who is substantially involved in the day-to-day

2 care of the child, who—

3 ‘‘(i) is eligible to participate in an

4 adult education program under the Adult

5 Education Act; or

6 ‘‘(ii) is attending, or is eligible by age

7 to attend, a public school in the District of

8 Columbia; and

9 ‘‘(B) any child, from birth through age 7,

10 of an individual described in subparagraph (A).

11 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi12 bility factors described in section 1206(b) shall apply

13 to programs under this section.

14 ‘‘(f) APPLICATIONS.—Each eligible entity that wishes

15 to receive a grant under this section shall submit an appli16 cation to the Secretary at such time, in such manner, and

17 containing such information as the Secretary may require.

18 ‘‘(g) SELECTION OF GRANTEES.—In awarding grants

19 under this section, the Secretary shall—

20 ‘‘(1) use the selection criteria described in sub21 paragraphs (A) through (F) and (H) of section

22 1208(a)(1); and

23 ‘‘(2) give priority to applications for programs

24 that—
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1 ‘‘(A) target services to schools in which a

2 schoolwide program is being conducted under

3 section 1114 of this subtitle; or

4 ‘‘(B) are located in areas designated as

5 empowerment zones or enterprise communities.

6 ‘‘(h) DURATION OF PROGRAMS.—The priority for

7 subgrants described in section 1208(b) shall apply to

8 grants made under this section, except that—

9 ‘‘(1) references in that section to the State edu10 cational agency and to subgrants shall be read to

11 refer to the Secretary and to grants under this sec12 tion, respectively; and

13 ‘‘(2) notwithstanding paragraph (4) of such sec14 tion, the Secretary shall not provide continuation

15 funding to a recipient under this section if the Sec16 retary determines, after affording the recipient no17 tice and an opportunity for a hearing, that the recip18 ient has not made substantial progress toward

19 achieving its stated objectives and the purpose of

20 this section.

21 ‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—

22 ‘‘(1) TECHNICAL ASSISTANCE.—(A) The Sec23 retary shall use not more than 5 percent of the

24 amounts authorized under section 1002(b)(2) for

25 any fiscal year to provide technical assistance to eli-
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1 gible entities, including providing funds to one or

2 more local nonprofit organizations to provide tech3 nical assistance to eligible entities in the areas of

4 community development and coalition building, and

5 for the evaluation conducted pursuant to paragraph

6 (2).

7 ‘‘(B) The Secretary shall allocate 5 percent of

8 the amounts authorized under section 1002(b)(2) in

9 any fiscal year to contract with the National Center

10 for Family Literacy to provide technical assistance

11 to eligible entities.

12 ‘‘(2) EVALUATION.—(A) The Secretary shall

13 use funds available under paragraph (1)(A) to pro14 vide an independent evaluation of programs under

15 this section to determine their effectiveness in pro16 viding high quality family literacy services includ17 ing—

18 ‘‘(i) intensive and high quality services in

19 adult literacy or adult education;

20 ‘‘(ii) intensive and high quality services in

21 parent training;

22 ‘‘(iii) coordination with related programs;

23 ‘‘(iv) training of related personnel in ap24 propriate skill areas; and
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1 to determine if the grant amount provided to grant2 ees to carry out such projects is appropriate to ac3 complish the goals of this section.

4 ‘‘(B)(i) Such evaluation shall be conducted by

5 individuals not directly involved in the administra6 tion of a program operated with funds provided

7 under this section. Such independent evaluators and

8 the program administrators shall jointly develop

9 evaluation criteria which provide for appropriate

10 analysis of the factors listed in subparagraph (A).

11 ‘‘(ii) In order to determine a program’s effec12 tiveness in achieving its stated goals, each evaluation

13 shall contain objective measures of such goals and,

14 whenever feasible, shall obtain the specific views of

15 program participants about such programs.

16 ‘‘(C) The Secretary shall prepare and submit to

17 the Committees on Appropriations of the House of

18 Representatives and the Senate, the Committee on

19 Economic and Education Opportunities of the House

20 of Representatives, the Committee on Government

21 Reform and Oversight of the House of Representa22 tives, the Committee on Labor and Human Re23 sources of the Senate, and the Committee on Gov24 ernmental Affairs of the Senate a report regarding

25 the results of such evaluations not later than March
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1 1, 1999. The Secretary shall provide an interim re2 port by March 1, 1998.’’.

3 Subtitle D—World Class Schools

4 Panel; Core Curriculum; Assess5 ments; and Promotion Gates

6 PART 1—WORLD CLASS SCHOOLS PANEL

7 SEC. 2251. ESTABLISHMENT.

8 There is established a panel to be known as the

9 ‘‘World Class Schools Panel’’.

10 SEC. 2252. DUTIES OF PANEL.

11 (a) IN GENERAL.—Not later than July 1, 1996, the

12 Panel shall recommend to the Superintendent and the

13 Board of Education the following:

14 (1) A core curriculum for kindergarten through

15 the 12th grade developed or selected by the Panel.

16 (2) District-wide assessments for measuring

17 student achievement in the curriculum developed or

18 selected under paragraph (1). Such assessments

19 shall be developed at several grade levels, including,

20 at a minimum, the grade levels with respect to which

21 the Superintendent establishes promotion gates, as

22 required under section 2263. To the extent feasible,

23 such assessments shall, at a minimum, be designed

24 to provide information that permits the following

25 comparisons to be made:
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1 (A) Comparisons among individual schools

2 and individual students in the District of Co3 lumbia.

4 (B) Comparisons between individual

5 schools and individual students in the District

6 of Columbia and schools and students in other

7 States and the Nation as a whole.

8 (C) Comparisons between individual

9 schools and individual students in the District

10 of Columbia and schools and students in other

11 nations whose students historically have scored

12 high on international studies of student achieve13 ment.

14 (3) Model professional development programs

15 for teachers using the curriculum developed or se16 lected under paragraph (1).

17 (b) CONTENT.—The curriculum and assessments rec18 ommended under subsection (a) shall be either newly de19 veloped or existing materials that are judged by the Panel

20 to be—

21 (1) ‘‘world class’’, including having a level of

22 quality and rigor that is equal to, or greater than,

23 the level of quality and rigor of analogous curricula

24 and assessments of other nations (including nations
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1 whose students historically score high on inter2 national studies of student achievement); and

3 (2) appropriate for the District of Columbia

4 public schools.

5 (c) SUBMISSION TO SECRETARY.—If the curriculum,

6 assessments, and model professional development pro7 grams recommended by the Panel are approved by the

8 Board of Education, the Superintendent may submit them

9 to the Secretary of Education as evidence of compliance

10 with sections 1111, 1112, and 1119 of the Elementary

11 and Secondary Education Act of 1965.

12 SEC. 2253. MEMBERSHIP.

13 (a) NUMBER AND APPOINTMENT.—The Panel shall

14 be comprised of the Superintendent and 6 other members

15 appointed as follows:

16 (1) 2 members appointed by the Speaker of the

17 House of Representatives.

18 (2) 2 members appointed by the majority leader

19 of the Senate.

20 (3) 1 member appointed by the President.

21 (4) 1 member appointed by the Mayor who—

22 (A) is a parent of a minor student enrolled

23 in a District of Columbia public school; and

24 (B) is active in a parent organization.
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1 (b) EXPERTISE.—The members of the Panel ap2 pointed under paragraphs (1), (2), and (3) of subsection

3 (a) shall be appointed from among individuals who are na4 tionally recognized experts on education reform in the

5 United States or who are nationally recognized experts on

6 education in other nations, including the areas of curricu7 lum, assessment, and teacher training.

8 (c) TERMS.—The term of service of each member of

9 the Panel shall begin on the date of appointment of the

10 member and shall end on the date of the termination of

11 the Panel, unless the member resigns from the Panel or

12 becomes incapable of continuing to serve on the Panel.

13 (d) CHAIRPERSON.—The members of the Panel shall

14 select a chairperson from among them.

15 (e) DATE OF APPOINTMENT.—The members of the

16 Panel shall be appointed not later than 30 days after the

17 date of the enactment of this Act.

18 (f) COMMENCEMENT OF DUTIES.—The Panel may

19 begin to carry out its duties under this part when 5 mem20 bers of the Panel have been appointed.

21 (g) VACANCIES.—A vacancy on the Panel shall not

22 affect the powers of the Panel, but shall be filled in the

23 same manner as the original appointment.
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1 SEC. 2254. CONSULTATION.

2 The Panel shall conduct its work in consultation

3 with—

4 (1) officials of the District of Columbia public

5 schools who have been identified by the Superintend6 ent as having relevant responsibilities;

7 (2) the consortium established under section

8 2604(e); and

9 (3) any other persons or groups the Panel

10 deems appropriate.

11 SEC. 2255. ADMINISTRATIVE PROVISIONS.

12 (a) MEETINGS.—The Panel shall meet on a regular

13 basis, as necessary, at the call of the chairperson or a ma14 jority of its members.

15 (b) QUORUM.—A majority of the members shall con16 stitute a quorum for the transaction of business.

17 (c) VOTING AND FINAL DECISION.—

18 (1) PROHIBITION ON PROXY VOTING.—No indi19 vidual may vote, or exercise any other power of a

20 member, by proxy.

21 (2) FINAL DECISIONS.—In making final deci22 sions of the Panel with respect to the exercise of its

23 duties and powers, the Panel shall operate on the

24 principle of majority vote.

25 (d) PUBLIC ACCESS.—The Panel shall ensure public

26 access to its proceedings (other than proceedings, or por-
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1 tions of proceedings, relating to internal personnel and

2 management matters) and make available to the public,

3 at reasonable cost, transcripts of such proceedings.

4 (e) NO PAY FOR PERFORMANCE OF DUTIES.—Mem5 bers of the Commission may not be paid for the perform6 ance of duties vested in the Commission.

7 (f) TRAVEL EXPENSES.—Each member shall receive

8 travel expenses, including per diem in lieu of subsistence,

9 in accordance with section 5702 and 5703 of title 5, Unit10 ed States Code.

11 SEC. 2256. GIFTS.

12 The Panel may, during the fiscal year ending Sep13 tember 30, 1996, accept donations of money, property,

14 and personal services, except that no donations may be

15 accepted for travel or reimbursement of travel expenses,

16 or for the salaries of employees of the Panel.

17 SEC. 2257. DIRECTOR AND STAFF; EXPERTS AND CONSULT18 ANTS.

19 (a) DIRECTOR.—The Chairperson of the Panel, with20 out regard to the provisions of title 5, United States Code,

21 relating to the appointment and compensation of officers

22 or employees of the United States, shall appoint a Director

23 to be paid at a rate not to exceed the rate of basic pay

24 for level V of the Executive Schedule.

25 (b) APPOINTMENT AND PAY OF EMPLOYEES.—
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1 (1) APPOINTMENT.—The Director may appoint

2 not more than 6 additional employees to serve as

3 staff to the Panel without regard to the provisions

4 of title 5, United States Code, governing appoint5 ments in the competitive service.

6 (2) PAY.—The employees appointed under

7 paragraph (1) may be paid without regard to the

8 provisions of chapter 51 and subchapter III of chap9 ter 53 of title 5, United States Code, relating to

10 classification and General Schedule pay rates, but

11 shall not be paid a rate that exceeds the maximum

12 rate of basic pay payable for GS–15 of the General

13 Schedule.

14 (c) EXPERTS AND CONSULTANTS.—The Panel may

15 procure temporary and intermittent services of experts

16 and consultants under section 3109(b) of title 5, United

17 States Code.

18 (d) STAFF OF FEDERAL AGENCIES.—Upon the re19 quest of the Panel, the head of any department or agency

20 of the United States may detail any of the personnel of

21 such agency to the Panel to assist the Panel in its duties

22 under this part.

23 SEC. 2258. TERMINATION OF PANEL.

24 The Panel shall terminate upon the completion of its

25 work, but not later than August 1, 1996.
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1 SEC. 2259. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to carry out

3 this part $2,000,000 for fiscal year 1996. Such sum shall

4 remain available until expended.

5 PART 2—DUTIES OF BOARD OF EDUCATION WITH

6 RESPECT TO CORE CURRICULUM, ASSESS7 MENTS, AND PROMOTION GATES

8 SEC. 2261. DEVELOPMENT OF CORE CURRICULUM AND DIS9 TRICT-WIDE ASSESSMENTS.

10 (a) IN GENERAL.—If the Board of Education does

11 not approve both the core curriculum and the district-wide

12 assessments recommended by the Panel under section

13 2252, the Superintendent shall develop or select, with the

14 approval of the Board of Education, an alternative cur15 riculum and alternative district-wide assessments that sat16 isfy the requirements of paragraphs (1) and (2) of sub17 section (a), and subsection (b), of such section, except that

18 the reference to the Panel in section 2252(b) shall be con19 sidered a reference to the Superintendent.

20 (b) DEADLINE.—If the Board of Education does not

21 approve both the core curriculum and the district-wide as22 sessments recommended by the Panel under section 2252,

23 the Superintendent shall meet the requirements of sub24 section (a) not later than August 1, 1996.
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1 SEC. 2262. ASSESSMENTS.

2 (a) ADMINISTRATION OF ASSESSMENTS.—The Su3 perintendent shall administer the assessments developed

4 or selected under section 2252 or 2261 to students en5 rolled in the District of Columbia public schools and public

6 charter schools on an annual basis.

7 (b) DISSEMINATION OF INFORMATION.—

8 (1) IN GENERAL.—Except as provided by para9 graph (2), the information derived from the assess10 ments administered under subsection (a) shall be

11 made available, on an annual basis, to the appro12 priate congressional committees, the District of Co13 lumbia Council, the Mayor, parents, and other mem14 bers of the public.

15 (2) LIMITATION.—To release any such informa16 tion, the Superintendent shall comply with the re17 quirements of section 444 of the General Education

18 Provisions Act (20 U.S.C 1232g).

19 SEC. 2263. PROMOTION GATES.

20 (a) KINDERGARTEN THROUGH 4TH GRADE.—Not

21 later than August 1, 1996, the Superintendent shall estab22 lish and implement promotion gates with respect to not

23 less than one grade level from kindergarten through and

24 including the 4th grade.

25 (b) 5TH THROUGH 8TH GRADES.—Not later than Au26 gust 1, 1997, the Superintendent shall establish and im-
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1 plement promotion gates with respect to not less than one

2 grade level from the 5th grade through and including the

3 8th grade.

4 (c) 9TH THROUGH 12TH GRADES.—Not later than

5 August 1, 1998, the Superintendent shall establish and

6 implement promotion gates with respect to not less than

7 one grade level from the 9th grade through and including

8 the 12th grade.

9 (d) INTERIM DEADLINE.—Not later than February

10 1, 1996, the Superintendent shall designate the grade lev11 els with respect to which promotion gates will be estab12 lished and implemented.

13 Subtitle E—Per Capita District of

14 Columbia Public School and

15 Public Charter School Funding

16 SEC. 2301. ANNUAL BUDGETS FOR SCHOOLS.

17 (a) IN GENERAL.—For fiscal year 1997 and for each

18 subsequent fiscal year, the Mayor shall make annual pay19 ments from the general fund of the District of Columbia

20 in accordance with the formula established under sub21 section (b).

22 (b) FORMULA.—

23 (1) IN GENERAL.—The Mayor and the District

24 of Columbia Council, in consultation with the Board
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1 of Education and the Superintendent, shall establish

2 a formula which determines the amount—

3 (A) of the annual payment to the Board of

4 Education for the operating expenses of the

5 District of Columbia public schools, which for

6 purposes of this paragraph includes the operat7 ing expenses of the Board of Education and the

8 Office of the Superintendent; and

9 (B) of the annual payment to each public

10 charter school for the operating expenses of

11 each such public charter school established in

12 accordance with subtitle B.

13 (2) FORMULA CALCULATION.—Except as pro14 vided in paragraph (3), the amount of the annual

15 payment under paragraph (1) shall be calculated by

16 multiplying a uniform dollar amount used in the for17 mula established under such paragraph by—

18 (A) the number of students calculated

19 under section 2302 that are enrolled at District

20 of Columbia public schools, in the case of the

21 payment under paragraph (1)(A); or

22 (B) the number of students calculated

23 under section 2302 that are enrolled at each

24 public charter school, in the case of a payment

25 under paragraph (1)(B).
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1 (3) EXCEPTION.—Notwithstanding paragraph

2 (2), the Mayor and the District of Columbia Council,

3 in consultation with the Board of Education and the

4 Superintendent, may adjust the formula—

5 (A) to increase or decrease the amount of

6 the annual payment to the District of Columbia

7 public schools or each public charter school

8 based on a calculation of—

9 (i) the number of students served by

10 such schools in certain grade levels; and

11 (ii) the cost of educating students at

12 such certain grade levels; and

13 (B) to increase the amount of the annual

14 payment if the District of Columbia public

15 schools or each public charter school serve a

16 high number of students with special needs (as

17 such term is defined under paragraph (4)).

18 (4) DEFINITION.—The Mayor and the District

19 of Columbia Council shall develop a definition of the

20 term ‘‘students with special needs’’ for purposes of

21 carrying out this title.

22 SEC. 2302. CALCULATION OF NUMBER OF STUDENTS.

23 (a) SCHOOL REPORTING REQUIREMENT.—

24 (1) IN GENERAL.—Not later than September

25 15 of each year, beginning in fiscal year 1997, each
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1 District of Columbia public school and public charter

2 school shall submit a report to the Mayor, District

3 of Columbia Council, Board of Education, the Au4 thority, and the eligible chartering authority that ap5 proved its charter, containing the information de6 scribed in subsection (b).

7 (2) SPECIAL RULE.—Not later than April 1 of

8 each year, beginning in 1997, each public charter

9 school shall submit a report in the same form and

10 manner as described in paragraph (1) to ensure ac11 curate payment under section 2303(a)(2)(B)(ii).

12 (b) CALCULATION OF NUMBER OF STUDENTS.—Not

13 later than 30 days after the date of the enactment of this

14 Act, and not later than October 15 of each year thereafter,

15 the Board of Education shall calculate the following:

16 (1) The number of students, including non17 resident students, enrolled in kindergarten through

18 grade 12 of the District of Columbia public schools

19 and in public charter schools established in accord20 ance with this title and the number of students

21 whose tuition for enrollment in other schools is paid

22 for by funds available to the District of Columbia

23 public schools.
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1 (2) The amount of fees and tuition assessed

2 and collected from the nonresident students de3 scribed in paragraph (1).

4 (3) The number of students, including non5 resident students, enrolled in pre-school and pre-kin6 dergarten in the District of Columbia public schools

7 and in public charter schools established in accord8 ance with this title.

9 (4) The amount of fees and tuition assessed

10 and collected from the nonresident students de11 scribed in paragraph (3).

12 (5) The number of full time equivalent adult

13 students enrolled in adult, community, continuing,

14 and vocational education programs in the District of

15 Columbia public schools and in public charter

16 schools established in accordance with this title.

17 (6) The amount of fees and tuition assessed

18 and collected from resident and nonresident adult

19 students described in paragraph (5).

20 (7) The number of students, including non21 resident students, enrolled in non-grade level pro22 grams in District of Columbia public schools and in

23 public charter schools established in accordance with

24 this title.
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1 (8) The amount of fees and tuition assessed

2 and collected from nonresident students described in

3 paragraph (7).

4 (c) ANNUAL REPORTS.—Not later than 30 days after

5 the date of the enactment of this Act, and not later than

6 October 15 of each year thereafter, the Board of Edu7 cation shall prepare and submit to the Authority, the

8 Mayor, the District of Columbia Council, the Comptroller

9 General of the United States, and the appropriate congres10 sional committees a report containing a summary of the

11 most recent calculations made under subsection (b).

12 (d) AUDIT OF INITIAL CALCULATIONS.—

13 (1) IN GENERAL.—The Comptroller General of

14 the United States shall conduct an audit of the ini15 tial calculations described in subsection (b).

16 (2) CONDUCT OF AUDIT.—In conducting the

17 audit, the Comptroller General of the United

18 States—

19 (A) shall provide an opinion as to the accu20 racy of the information contained in the report

21 described in subsection (b); and

22 (B) shall identify any material weaknesses

23 in the systems, procedures, or methodology used

24 by the Board of Education—
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1 (i) in determining the number of stu2 dents, including nonresident students, en3 rolled in the District of Columbia public

4 schools and in public charter schools estab5 lished in accordance with this title and the

6 number of students whose tuition for en7 rollment in other school systems is paid for

8 by funds available to the District of Co9 lumbia public schools; and

10 (ii) in assessing and collecting fees

11 and tuition from nonresident students.

12 (3) SUBMISSION OF AUDIT.—Not later than 45

13 days after the date on which the Comptroller Gen14 eral of the United States receives the initial annual

15 report from the Board of Education under sub16 section (c), the Comptroller General shall submit to

17 the Authority, the Mayor, the District of Columbia

18 Council, and the appropriate congressional commit19 tees the audit conducted under this subsection.

20 (4) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated to the

22 Comptroller General of the United States $75,000

23 for fiscal year 1996 for the purpose of carrying out

24 this subsection.
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1 SEC. 2303. PAYMENTS TO PUBLIC CHARTER SCHOOLS.

2 (a) IN GENERAL.—

3 (1) ESCROW FOR PUBLIC CHARTER SCHOOLS.—

4 Except as provided in subsection (b), for any fiscal

5 year, not later than 10 days after the date of enact6 ment of the District of Columbia Appropriations Act

7 for such fiscal year, the Mayor shall place in escrow

8 an amount equal to the aggregate of the amounts

9 determined under section 2301(b)(1)(B) for use only

10 by District of Columbia public charter schools.

11 (2) TRANSFER OF ESCROW FUNDS.—

12 (A) 1997 INITIAL PAYMENT.—Beginning

13 in 1997, not later than October 15 of each

14 year, the Mayor shall transfer, by electronic

15 funds transfer, an amount equal to 75 percent

16 of the amount of the annual payment for a pub17 lic charter school determined by using the for18 mula established pursuant to section 2301(b) to

19 a bank designated by each public charter

20 school.

21 (B) 1997 FINAL PAYMENT.—

22 (i) Except as provided in clause (ii),

23 not later than May 1 of each year begin24 ning in 1997, the Mayor shall transfer the

25 remainder of the annual payment for a

26 public charter school in the same manner
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1 as the initial payment was made under

2 subparagraph (A).

3 (ii) Beginning in 1997, not later than

4 March 15, if the enrollment number of a

5 public charter school has changed from the

6 number reported to the Mayor, District of

7 Columbia Council, Board of Education, the

8 Authority, and the eligible chartering au9 thority that approved its charter as re10 quired under section 2302(a)(2), the

11 Mayor shall increase the payment in an

12 amount equal to 50 percent of the amount

13 provided for each student who has enrolled

14 without another student withdrawing or

15 dropping out, or shall reduce the payment

16 in an amount equal to 50 percent of the

17 amount provided for each student who has

18 withdrawn or dropped out of school with19 out another student replacement.

20 (C) PRO RATA REDUCTION OR INCREASE

21 IN PAYMENTS.—

22 (i) If the funds made available to the

23 District of Columbia public schools for any

24 fiscal year are insufficient to pay the full

25 amount that each school is eligible to re-
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1 ceive under this subtitle for such year, the

2 Mayor shall ratably reduce such amounts

3 for such year.

4 (ii) If additional funds become avail5 able for making payments under this sub6 title for such fiscal year, amounts that

7 were reduced under subparagraph (A) shall

8 be increased on the same basis as such

9 amounts were reduced.

10 (D) UNEXPENDED FUNDS.—Any funds

11 that remain in the escrow account for public

12 charter schools on September 30 of a fiscal year

13 shall revert to the general fund of the District

14 of Columbia.

15 (b) EXCEPTION FOR NEW SCHOOLS.—

16 (1) AUTHORIZATION.—There are authorized to

17 be appropriated $200,000 for any fiscal year for the

18 purpose of carrying out this subsection.

19 (2) DISBURSEMENT TO MAYOR.—The Secretary

20 of the Treasury shall make available and disburse to

21 the Mayor, not later than August 1 of each of the

22 years 1996 through 2000, such funds as have been

23 appropriated under paragraph (1).

24 (3) ESCROW.—The Mayor shall place in escrow,

25 for use by public charter schools, any sum disbursed
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1 under paragraph (2) that has not yet been paid

2 under paragraph (4).

3 (4) PAYMENTS TO SCHOOLS.—The Mayor shall

4 pay to public charter schools described in paragraph

5 (5), in accordance with this subsection, any sum dis6 bursed under paragraph (2).

7 (5) SCHOOLS DESCRIBED.—The schools re8 ferred to in paragraph (4) are public charter schools

9 that—

10 (A) did not operate as public charter

11 schools during any portion of the fiscal year

12 preceding the fiscal year for which funds are

13 authorized to be appropriated under paragraph

14 (1); and

15 (B) operated as public charter schools dur16 ing the fiscal year for which funds are author17 ized to be appropriated under paragraph (1).

18 (6) FORMULA.—

19 (A) 1996.—The amount of the payment to

20 a public charter school described in paragraph

21 (5) that begins operation in fiscal year 1996

shall be calculated by multiplying $6,300 by 1 22 ⁄12

23 of the total anticipated enrollment as set forth

24 in the petition to establish the public charter

25 school; and
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1 (B) 1997 THROUGH 2000.—The amount of

2 the payment to a public charter school de3 scribed in paragraph (5) that begins operation

4 in any of fiscal years 1997 through 2000 shall

5 be calculated by multiplying the uniform dollar

6 amount used in the formula established under

2301(b) by 1 7 ⁄12 of the total anticipated enroll8 ment as set forth in the petition to establish the

9 public charter school.

10 (7) PAYMENT TO SCHOOLS.—

11 (A) TRANSFER.—On September 1 of each

12 of the years 1996 through 2000, the Mayor

13 shall transfer, by electronic funds transfer, the

14 amount determined under paragraph (6) for

15 each public charter school from the escrow ac16 count established under subsection (a) to a

17 bank designated by each such school.

18 (B) PRO RATA AND REMAINING FUNDS.—

19 Subparagraphs (C) and (D) of subsection (a)(2)

20 shall apply to payments made under this sub21 section.
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1 Subtitle F—School Facilities

2 Repair and Improvement

3 PART 1—SCHOOL FACILITIES

4 SEC. 2351. AGREEMENT FOR TECHNICAL ASSISTANCE.

5 (a) IN GENERAL.—Not later than December 31,

6 1995, the Administrator of the General Services Adminis7 tration and the Superintendent shall enter into a Memo8 randum of Agreement or Understanding (referred to in

9 this subtitle as the ‘‘Agreement’’) authorizing, to the ex10 tent provided in this subtitle, the Administrator to provide

11 technical assistance to the District of Columbia public

12 schools regarding school facilities repair and improve13 ments, including contracting for and supervising the re14 pair and improvements of such facilities and the coordina15 tion of such efforts.

16 (b) AGREEMENT PROVISIONS.—The Agreement shall

17 include the following:

18 (1) GENERAL AUTHORITY.—Provisions that

19 give the Administrator authority—

20 (A) to supervise and direct District of Co21 lumbia public school personnel responsible for

22 public school facilities repair and improvements;

23 (B) to develop, coordinate and implement a

24 systemic and comprehensive facilities revitaliza25 tion program, taking into account the ‘‘Prelimi-
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1 nary Facilities Master Plan 2005’’ (prepared by

2 the Superintendent’s Task Force on Education

3 Infrastructure for the 21st Century) to repair

4 and improve District of Columbia public school

5 facilities, including a list of facilities and ren6 ovation schedule that prioritizes facilities to be

7 repaired and improved;

8 (C) to accept private goods and services for

9 use by District of Columbia public schools, in

10 consultation with the nonprofit corporation re11 ferred to in section 2603;

12 (D) to recommend specific repair and im13 provement projects in District of Columbia pub14 lic school facilities by members and units of the

15 National Guard and military reserve, consistent

16 with section 2351(b)(1)(B); and

17 (E) to access all District of Columbia pub18 lic school facilities and any records or docu19 ments regarding such facilities.

20 (2) COOPERATION.—Assurances by the Admin21 istrator and the Superintendent to cooperate with

22 each other, and with the nonprofit corporation re23 ferred to in section 2603, in any way necessary, to

24 ensure implementation of the Agreement.
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1 (c) DURATION OF AGREEMENT.—The Agreement

2 shall remain in effect until the agency designated pursuant

3 to section 2352(a)(2) assumes responsibility for the Dis4 trict of Columbia public school facilities but shall termi5 nate not later than 24 months after the date that the

6 Agreement is signed, whichever is earlier.

7 SEC. 2352. FACILITIES REVITALIZATION PROGRAM.

8 (a) PROGRAM.—Not later than 24 months after the

9 date that the Agreement is signed, the Mayor and the Dis10 trict of Columbia Council shall—

11 (1) in consultation with the Administrator, the

12 Authority, the Board of Education, and the Super13 intendent, design and implement a facilities repair,

14 maintenance, improvement, and management pro15 gram; and

16 (2) designate a new or existing agency or au17 thority to administer such program to repair, im18 prove, and maintain the physical condition and safe19 ty of District of Columbia public school facilities.

20 (b) PROCEEDS.—Such management program shall

21 include provisions that—

22 (1) identify short-term funding for capital and

23 maintenance of such facilities, which may include re24 taining proceeds from the sale or lease of a District

25 of Columbia public school facility; and
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1 (2) identify and designate long-term funding for

2 capital and maintenance of such facilities.

3 (c) IMPLEMENTATION.—Upon implementation of

4 such program, the agency or authority created or des5 ignated pursuant to subsection (a)(2) shall assume au6 thority and responsibility for repair, maintenance, im7 provement, and management of District of Columbia pub8 lic schools.

9 SEC. 2353. DEFINITIONS.

10 For purposes of this subtitle, the following terms

11 have the following meanings:

12 (1) ADMINISTRATOR.—The term ‘‘Administrator’’

13 means the Administrator of the General Services Adminis14 tration.

15 (2) FACILITIES.—The term ‘‘facilities’’ means build16 ings, structures, and real property.

17 SEC. 2354. AUTHORIZATION OF APPROPRIATIONS.

18 There are authorized to be appropriated for each of

19 fiscal years 1996 and 1997, $2,000,000 to the District

20 of Columbia public schools for use by the Administrator

21 to carry out this subtitle.

22 PART 2—WAIVERS

23 SEC. 2361. WAIVERS.

24 (a) IN GENERAL.—All District of Columbia fees, all

25 requirements found in the document ‘‘The District of Co-
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1 lumbia Public Schools Standard Contract Provisions’’

2 published by the District of Columbia public schools for

3 use with construction maintenance projects, shall be

4 waived, for purposes of repair and improvement of the

5 District of Columbia public schools for a period of 24

6 months after the date of enactment of this Act.

7 (b) LIMITATION.—

8 (1) WAIVER APPLICATION.—A waiver under

9 subsection (a) shall apply only to contractors, sub10 contractors, and any other groups, entities, or indi11 viduals who donate materials and services to the

12 District of Columbia public schools.

13 (2) INSURANCE REQUIREMENTS.—Nothing in

14 this section shall be construed to waive the require15 ments for a contractor to maintain adequate insur16 ance coverage.

17 SEC. 2362. APPLICATION FOR PERMITS.

18 An application for a permit during the 24-month pe19 riod described in section 2311(a), required by the District

20 of Columbia government for the repair or improvement of

21 a District of Columbia public school shall be acted upon

22 not later than 20 days after receipt of the application by

23 the respective District of Columbia permitting authorities.
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1 Subtitle G—Department of

2 Education ‘‘D.C. Desk’’

3 SEC. 2401. ESTABLISHMENT.

4 There shall be established within the Office of the

5 Secretary of the Department of Education a District of

6 Columbia Technical Assistance Office (in this subtitle re7 ferred to as the ‘‘D.C. Desk’’).

8 SEC. 2402. DIRECTOR FOR DISTRICT OF COLUMBIA CO9 ORDINATED TECHNICAL ASSISTANCE.

10 The D.C. Desk shall be administered by a Director

11 for District of Columbia Coordinated Technical Assist12 ance. The Director shall be appointed by the Secretary

13 and shall not be paid at a rate that exceeds the maximum

14 rate of basic pay payable for GS–15 of the General Sched15 ule.

16 SEC. 2403. DUTIES.

17 The Director of the D.C. Desk shall—

18 (1) coordinate with the Superintendent a com19 prehensive technical assistance strategy by the De20 partment of Education that supports the District of

21 Columbia public schools first year reforms and long22 term plan described in section 2101;

23 (2) identify all Federal grants for which the

24 District of Columbia public schools are eligible to
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1 apply to support implementation of its long term

2 plan;

3 (3) identify private and public resources avail4 able to the District of Columbia public schools that

5 are consistent with the long-term plan described in

6 section 2101; and

7 (4) provide additional technical assistance as

8 assigned by the Secretary which supports reform in

9 the District of Columbia public schools.

10 Subtitle H—Residential School

11 SEC. 2451. PLAN.

12 (a) IN GENERAL.—The Superintendent may develop

13 a plan to establish a residential school for the 1997–1998

14 school year.

15 (b) REQUIREMENTS.—If developed, the plan for the

16 residential school shall include, at a minimum—

17 (1) options for the location of the school, in18 cluding renovation or building of a new facility;

19 (2) financial plans for the facility, including an20 nual costs to operate the school, capital expenditures

21 required to open the facility, maintenance of facili22 ties, and staffing costs; and

23 (3) staff development and training plans.

24 SEC. 2452. USE OF FUNDS.

25 Funds under this subtitle shall be used for—
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1 (1) planning requirements as described in sec2 tion 2451; and

3 (2) capital costs associated with the start-up of

4 a residential school, including the purchase of real

5 and personal property and the renovation of existing

6 facilities.

7 SEC. 2453. FUTURE FUNDING.

8 The Superintendent shall identify, not later than De9 cember 31, 1996, in a report to the Mayor, City Council,

10 the Authority, the Appropriations Committees of the

11 House of Representatives and the Senate, the House Gov12 ernmental Reform Committee, the House Economic and

13 Educational Opportunities Committee, and the Senate

14 Labor and Human Resources Committee and the Govern15 mental Affairs Committee, non-Federal funding sources

16 for operation of the residential school.

17 SEC. 2454. GIFTS.

18 The Superintendent may accept donations of money,

19 property, and personal services for purposes of the estab20 lishment and operation of a residential school.

21 SEC. 2455. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated to the Dis23 trict $2,000,000 for fiscal year 1996 to carry out this sub24 title for initial start-up expenses of a residential school in
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1 the District of Columbia, of which not more than

2 $100,000 may be used to carry out section 2451.

3 Subtitle I—Progress Reports and

4 Accountability

5 SEC. 2501. DISTRICT OF COLUMBIA COUNCIL REPORT.

6 Not later than 60 days after the date of the enact7 ment of this Act, the Chairman of the District of Columbia

8 Council shall submit to the appropriate congressional com9 mittees a report describing legislative and other actions

10 the District of Columbia Council has taken or will take

11 to facilitate the implementation of the reforms described

12 in section 2502.

13 SEC. 2502. SUPERINTENDENT’S REPORT ON REFORMS.

14 Not later than August 1, 1996, the Superintendent

15 shall submit to the appropriate congressional committees,

16 the Board of Education, the Mayor, and the District of

17 Columbia Council a progress report that includes the fol18 lowing:

19 (1) The status of the approval by the Board of

20 Education of the core curriculum—

21 (A) recommended by the Panel under sec22 tion 2252(a)(1); or

23 (B) selected or developed by the Super24 intendent under section 2261.
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1 (2) The status of the approval by the Board of

2 Education of the district-wide assessments for meas3 uring student achievement—

4 (A) recommended by the Panel under sec5 tion 2252(a)(2); or

6 (B) selected or developed by the Super7 intendent under section 2261.

8 (3) The status of the establishment and imple9 mentation of promotion gates under section 2263.

10 (4) Identification of strategies to assist students

11 who do not meet promotion gate criteria.

12 (5) The status of the implementation of a policy

13 that provides rewards and sanctions for individual

14 schools based on student performance on district15 wide assessments.

16 (6) A description of the activities carried out

17 under the program established under section

18 2604(e).

19 (7) The status of implementation by the Board

20 of Education, after consultation with the Super21 intendent and unions (including unions that rep22 resent teachers and unions that represent principals)

23 of a policy for performance-based evaluation of prin24 cipals and teachers.
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1 (8) A description of how the private sector part2 nership described in subtitle K is working collabo3 ratively with the Board of Education and the Super4 intendent.

5 (9) The status of implementation of policies de6 veloped by the Superintendent and the Board of

7 Education that establish incentive pay awards for

8 staff of District of Columbia public schools who

9 meet annual performance goals based on district10 wide assessments at individual schools.

11 (10) A description of how staffing decisions

12 have been revised to delegate staffing to individual

13 schools and transfer additional decisionmaking with

14 respect to budgeting to the individual school level.

15 (11) A description of, and the status of imple16 mentation of, policies adopted by the Board of Edu17 cation that require competitive appointments for all

18 positions.

19 (12) The status of implementation of policies

20 regarding alternative teacher certification require21 ments.

22 (13) The status of implementation of testing re23 quirements for teacher licensing renewal.
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1 (14) The status of efforts to increase the in2 volvement of families in the education of students,

3 including—

4 (A) the development of family resource

5 centers;

6 (B) the expansion of Even Start programs

7 described in part B of chapter 1 of title I of the

8 Elementary and Secondary Education Act of

9 1965; and

10 (C) the development and implementation of

11 policies to increase parental involvement in edu12 cation.

13 (15) A description of, and the status of imple14 mentation of, a policy to allow District of Columbia

15 public schools to be used after school hours as com16 munity centers, including the establishment of at

17 least one prototype pilot project in one school.

18 (16) A description of, and the status of imple19 mentation of, a policy to increase the participation

20 of tutors and mentors for students, beginning not

21 later than the 8th grade.

22 (17) A description of the status of implementa23 tion of the agreement with the Administrator of the

24 General Services Administration under part 1 of

25 subtitle E.
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1 (18) A description of the status of the District

2 of Columbia public school central office budget and

3 staffing reductions from the level at the end of fiscal

4 year 1995 and a review of the market-based provi5 sion of services provided by the central office to

6 schools.

7 (19) The development by the Superintendent of

8 a system of parental choice among District of Co9 lumbia public schools where per pupil funding fol10 lows the student (‘‘Public School Vouchers’’) and

11 adoption by the Board of Education.

12 (20) The status of the processing of public

13 charter school petitions submitted to the Board of

14 Education in accordance with subtitle B.

15 (21) The status of the revision and implementa16 tion by the Board of Education of the discipline pol17 icy for the District of Columbia public schools in

18 order to ensure a safe, disciplined environment con19 ducive to learning.

20 Subtitle J—Low-Income

21 Scholarships

22 SEC. 2551. DISTRICT OF COLUMBIA SCHOLARSHIP COR23 PORATION.

24 (a) GENERAL REQUIREMENTS.—
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1 (1) IN GENERAL.—There is authorized to be es2 tablished a private, nonprofit corporation, to be

3 known as the ‘‘District of Columbia Scholarship

4 Corporation’’ (referred to in this subtitle as the

5 ‘‘Corporation’’), which is not an agency or establish6 ment of the United States Government.

7 (2) DUTIES.—The Corporation shall have the

8 responsibility and authority to administer, publicize,

9 and evaluate the District of Columbia Scholarship

10 Program, and to determine student and school eligi11 bility.

12 (3) CONSULTATION.—The Corporation shall ex13 ercise its authority in a manner consistent with

14 maximizing educational choices and opportunities for

15 the maximum number of interested families, and in

16 consultation with other school scholarship programs

17 in the District of Columbia.

18 (4) APPLICATION OF PROVISIONS.—The Cor19 poration shall be subject to the provisions of this

20 Act, and, to the extent consistent with this section,

21 to the District of Columbia Nonprofit Corporation

22 Act (D.C. Code, 29–501 et seq.).

23 (5) RESIDENCE.—The Corporation shall have

24 its place of business in the District of Columbia and
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1 shall be considered, for purposes of venue in civil ac2 tions, to be a resident thereof.

3 (b) ORGANIZATION AND MANAGEMENT, BOARD OF

4 DIRECTORS.—

5 (1) MEMBERSHIP.—

6 (A) IN GENERAL.—The Corporation shall

7 have a Board of Directors (referred to in this

8 subtitle as the ‘‘Board’’), comprised of 7 mem9 bers with 6 members of the Board appointed by

10 the President not later than 30 days after re11 ceipt of nominations from the Speaker of the

12 House of Representatives and the majority

13 leader of the Senate.

14 (B) HOUSE NOMINATIONS.—The President

15 shall appoint 3 of the members from a list of

16 9 individuals nominated by the Speaker of the

17 House of Representatives in consultation with

18 the minority leader of the House of Representa19 tives.

20 (C) SENATE NOMINATIONS.—The Presi21 dent shall appoint 3 members from a list of 9

22 individuals nominated by the majority leader of

23 the Senate in consultation with the minority

24 leader of the Senate.
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1 (D) DEADLINE.—The Speaker of the

2 House of Representatives and majority leader

3 of the Senate shall submit their nominations to

4 the President not later than 30 days after the

5 date of the enactment of this Act.

6 (E) APPOINTEE OF MAYOR.—The Mayor

7 shall appoint 1 member not later than 60 days

8 after the date of the enactment of this Act.

9 (F) POSSIBLE INTERIM MEMBERS.—If the

10 President does not appoint the 6 members of

11 the Board in the 30-day period described in

12 subparagraph (A), the nominees of the Speaker

13 of the House of Representatives and of the Sen14 ate, together with the appointee of the Mayor,

15 shall serve as an interim Board of Directors

16 with all the powers and other duties of the

17 Board described in this subtitle, until the Presi18 dent makes the appointments as described in

19 this subsection.

20 (2) POWERS.—All powers of the Corporation

21 shall vest in and be exercised under the authority of

22 its Board of Directors.

23 (3) ELECTIONS.—Members of the Board annu24 ally shall elect 1 of the members to be chairperson.
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1 (4) RESIDENCY.—All members appointed to the

2 Board must be residents of the District of Columbia

3 at the time of appointment and while serving on the

4 Board.

5 (5) NONEMPLOYEE.—No member of the Board

6 may be an employee of the United States Govern7 ment or the District of Columbia government when

8 appointed or during tenure on the Board, unless the

9 individual is on a leave of absence from such a posi10 tion while serving on the Board.

11 (6) INCORPORATION.—The members of the ini12 tial Board of Directors shall serve as incorporators

13 and shall take whatever steps are necessary to estab14 lish the Corporation under the District of Columbia

15 Nonprofit Corporation Act (D.C. Code 29–501 et

16 seq.).

17 (7) GENERAL TERM.—The term of office of

18 each member shall be 5 years, except that any mem19 ber appointed to fill a vacancy occurring prior to the

20 expiration of the term for which the predecessor was

21 appointed shall be appointed for the remainder of

22 such term.

23 (8) CONSECUTIVE TERM.—No member of the

24 Board shall be eligible to serve in excess of 2 con25 secutive terms of 5 years each. A partial term shall
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1 be considered as 1 full term. Any vacancy on the

2 Board shall not affect its power, but shall be filled

3 in a manner consistent with this subtitle.

4 (9) NO BENEFIT.—No part of the income or as5 sets of the Corporation shall inure to the benefit of

6 any Director, officer, or employee except as salary or

7 reasonable compensation for services.

8 (10) POLITICAL ACTIVITY.—The Corporation

9 may not contribute to or otherwise support any po10 litical party or candidate for elective public office.

11 (11) NO OFFICERS.—The members of the

12 Board shall not, by reason of such membership, be

13 considered to be officers or employees of the United

14 States.

15 (12) STIPENDS.—The members of the Board,

16 while attending meetings of the Board or while en17 gaged in duties related to such meetings or other ac18 tivities of the Board pursuant to this subtitle, shall

19 be entitled to a stipend. Such stipend shall be at the

20 rate of $150 per day for which the Board member

21 has been officially recorded as having worked, except

22 that no member may be paid a total stipend amount

23 in any calendar year in excess of $5,000.

24 (c) OFFICERS AND STAFF.—
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1 (1) EXECUTIVE DIRECTOR.—The Corporation

2 shall have an Executive Director, and such other

3 staff, as may be appointed by the Board for terms

4 and at rates of compensation to be fixed by the

5 Board.

6 (2) ANNUAL RATE.—No staff of the Corpora7 tion may be compensated by the Corporation at an

8 annual rate of pay which exceeds the basic rate of

9 pay in effect from time to time for level IV of the

10 Executive Schedule under section 5312 of title 5,

11 United States Code.

12 (3) CITIZENSHIP.—No individual other than a

13 citizen of the United States may be a member of the

14 Board of Directors, or staff of the Corporation.

15 (4) SERVICE.—All officers and employees shall

16 serve at the pleasure of the Board.

17 (5) QUALIFICATION.—No political test or quali18 fication may be used in selecting, appointing, pro19 moting, or taking other personnel actions with re20 spect to officers, agents, or employees of the Cor21 poration.

22 (d) POWERS OF THE CORPORATION.—

23 (1) GENERALLY.—The Corporation is author24 ized to obtain grants from, and make contracts with,
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1 individuals and with private, State, and Federal

2 agencies, organizations, and institutions.

3 (2) HIRING AUTHORITY.—The Corporation may

4 hire, or accept the voluntary services of, consultants,

5 experts, advisory boards, and panels to aid the Cor6 poration in carrying out the purposes of this sub7 title.

8 (e) FINANCIAL MANAGEMENT AND RECORDS.—

9 (1) AUDITS.—The accounts of the Corporation

10 shall be audited annually in accordance with gen11 erally accepted auditing standards by independent

12 certified public accountants. The audits shall be con13 ducted at the place where the accounts of the Cor14 poration are normally kept. All books, accounts, fi15 nancial records, reports, files, and all other papers,

16 things, or property belonging to or in use by the

17 Corporation and necessary to facilitate the audits

18 shall be made available to the person conducting the

19 audit.

20 (2) REPORT.—The report by each such inde21 pendent audit shall be included in the annual report

22 to Congress required by section 2602.

23 SEC. 2552. FUNDING.

24 (a) FUND.—There is hereby established in the Treas25 ury a fund that shall be known as the District of Columbia
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1 Scholarship Fund, to be administered by the Secretary of

2 the Treasury.

3 (b) DISBURSEMENT.—The Secretary of the Treasury

4 shall make available and disburse to the corporation, at

5 the beginning of each of fiscal years 1996 through 2000,

6 such funds as have been appropriated to the District of

7 Columbia Scholarship Fund for the fiscal year in which

8 such disbursement is to be made.

9 (c) AVAILABILITY.—Funds authorized to be appro10 priated under this subtitle shall remain available until ex11 pended.

12 (d) USES.—Funds authorized to be appropriated

13 under this subtitle shall be used by the Corporation in a

14 prudent and financially responsible manner, solely for

15 scholarships, contracts, and administrative costs.

16 (e) AUTHORIZATION.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated to the Fund—

19 (A) $5,000,000 for fiscal year 1996; and

20 (B) $7,000,000 for fiscal year 1997, and

21 $10,000,000 for each of fiscal years 1998

22 through 2000.

23 (2) LIMITATION.—Not more than $500,000

24 may be used in any fiscal year by the Corporation

25 for any purpose other than assistance to students.
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1 SEC. 2553. SCHOLARSHIPS AUTHORIZED.

2 (a) IN GENERAL.—The District of Columbia Scholar3 ship Corporation established under section 2501 is author4 ized in accordance with this subtitle to award scholarships

5 to students in grades K–12—

6 (1) who are District of Columbia residents; and

7 (2) whose families are at or below 185 percent

8 of the Federal poverty guidelines updated annually

9 in the Federal Register by the Department of

10 Health and Human Services under authority of sec11 tion 673(2) of the Omnibus Budget Reconciliation

12 Act of 1981.

13 (b) USE OF SCHOLARSHIP.—A scholarship may be

14 used only for—

15 (1) the cost of the tuition of a private or inde16 pendent school located within the geographic bound17 aries of the District of Columbia or the cost of the

18 tuition of public, private, or independent school lo19 cated within Montgomery County, Maryland; Prince

20 Georges County, Maryland; Arlington County, Vir21 ginia; Alexandria City, Virginia; Falls Church City,

22 Virginia; or Fairfax County, Virginia; or

23 (2) the cost of fees and other expenses for in24 structional services provided to students on school

25 grounds outside of regular school hours or the cost

26 of transportation for a student enrolled in a District
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1 of Columbia public school, public charter school, or

2 independent or private school participating in the

3 tuition scholarship program.

4 (c) NOT SCHOOL AID.—A scholarship shall be consid5 ered assistance to the student and shall not be considered

6 assistance to the school.

7 SEC. 2554. ELIGIBILITY.

8 (a) IN GENERAL.—A student who is entitled to re9 ceive a public school education in the District of Columbia

10 and who meets the requirements of section 2553(a) is eli11 gible for a scholarship under subsections (c) and (d) of

12 section 2555.

13 (b) PRIORITY IN YEAR ONE.—In fiscal year 1996,

14 priority shall be given to students currently enrolled in a

15 District of Columbia public school or preparing to enter

16 kindergarten in 1996.

17 (c) SUBSEQUENT PRIORITY.—In subsequent fiscal

18 years, priority shall be given to scholarship recipients from

19 the preceding year.

20 SEC. 2555. SCHOLARSHIPS.

21 (a) AWARDS.—From the funds made available under

22 this subtitle, the Corporation shall award scholarships and

23 make payments, on behalf of the student, to participating

24 schools as described in section 2559.
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1 (b) NOTIFICATION.—Each school that enrolls schol2 arship students shall notify the Corporation—

3 (A) not later than 10 days after the date

4 that a student is enrolled, of the names, ad5 dresses, and grade level of each scholarship stu6 dent to the Corporation; and

7 (B) not later than 10 days after the date

8 of the withdrawal of any scholarship student.

9 (c) TUITION SCHOLARSHIP AMOUNT.—

10 (1) BELOW POVERTY LEVEL.—For a student

11 whose family income is at or below the poverty level,

12 a tuition scholarship amount may not exceed the

13 lesser of—

14 (A) the cost of a school’s tuition; or

15 (B) $3,000 in 1996 with such amount ad16 justed in proportion to changes in the

17 Consumer Price Index of all urban consumers

18 published by the Department of Labor for each

19 of fiscal years 1997 through 2000.

20 (2) ABOVE POVERTY LEVEL.—For a student

21 whose family income is greater than the poverty

22 level, but not more than 185 percent above the pov23 erty level, a tuition scholarship amount may not ex24 ceed the lesser of—
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1 (A) 50 percent of the cost of a school’s tui2 tion; or

3 (B) $1,500 in 1996 with such amount ad4 justed in proportion to changes in the

5 Consumer Price Index of all urban consumers

6 published by the Department of Labor for each

7 of fiscal years 1997 through 2000.

8 (d) FEE OR TRANSPORTATION SCHOLARSHIP

9 AMOUNT.—The fee or transportation scholarship amount

10 may not exceed the lesser of—

11 (1) fees for instructional services provided to

12 students on school grounds outside of regular school

13 hours or the costs of transportation for students en14 rolled in the District of Columbia public schools,

15 public charter schools, or independent or private

16 schools participating in the tuition scholarship pro17 gram; or

18 (2) $500 in fiscal year 1996 with such amount

19 adjusted in proportion to the changes in the

20 Consumer Price Index of all urban consumers pub21 lished by the Department of Labor for each of the

22 fiscal years 1997 through 2000.

23 (e) PROPORTION OF DIFFERENT TYPES OF SCHOL24 ARSHIPS.—In each year, the Corporation shall ensure that

25 the number of scholarships awarded for tuition and the
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1 number awarded for fees or transportation shall be equal,

2 to the extent practicable.

3 (f) FUNDING SHORTFALL.—If, after the District of

4 Columbia Scholarship Corporation determines the total

5 number of eligible applicants for an academic year sur6 passes the amount of funds available in a fiscal year to

7 fund all awards for such academic year, a random selec8 tion process shall be used to determine which eligible ap9 plicants receive awards.

10 (g) EXCEPTION.—Subsection (e) shall not apply to

11 individuals receiving scholarship priority described in sub12 sections (b) and (c) of section 2554.

13 SEC. 2556. SCHOOL ELIGIBILITY FOR TUITION SCHOLAR14 SHIPS.

15 (a) APPLICATION.—A school that desires to accept

16 tuition scholarship students for a school year shall file an

17 application with the Corporation by July 1 of the preced18 ing school year, except that in fiscal year 1996, schools

19 shall file such applications by such date as the Corporation

20 shall designate for such purpose. In the application, the

21 school shall—

22 (1) certify that it has operated during the cur23 rent school year with not less than 25 students,

24 (2) assure that it will comply with all applicable

25 requirements of this subtitle; and
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1 (3) provide the most recent financial audit,

2 completed not earlier than 3 years before the date

3 such application is filed, from an independent cer4 tified public accountant using generally accepted au5 diting standards.

6 (b) ELIGIBILITY CERTIFICATION.—

7 (1) IN GENERAL.—Except as provided in para8 graph (3), not later than 60 days after receipt of

9 such information, the Corporation shall certify the

10 eligibility of a school to participate in the tuition

11 scholarship program.

12 (2) CONTINUATION.—Eligibility shall continue

13 in subsequent years unless revoked as described in

14 subsection (d).

15 (3) EXCEPTION FOR 1996.—In fiscal year 1996

16 after receipt of the information described in sub17 section (a), the Corporation shall certify the eligi18 bility of a school to participate in the tuition scholar19 ship program at the earliest practicable date.

20 (c) NEW SCHOOLS.—

21 (1) IN GENERAL.—A school that did not oper22 ate in the preceding academic year may apply for a

23 1-year provisional certification of eligibility to par24 ticipate in the tuition scholarship program for a sin25 gle school year by providing to the Corporation not
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1 later than July 1 of the preceding calendar year for

2 which such school intends to begin operations—

3 (A) a list of the organization’s board of di4 rectors;

5 (B) letters of support from not less than

6 10 members of the community;

7 (C) a business plan;

8 (D) intended course of study;

9 (E) assurances that it will begin operations

10 with not less than 25 students; and

11 (F) assurances that it will comply with all

12 applicable requirements of this subtitle.

13 (2) CERTIFICATION.—Not later than 60 days

14 after the date of receipt of the information referred

15 to in paragraph (1), the Corporation shall certify in

16 writing the school’s provisional eligibility for the tui17 tion scholarship program unless good cause exists to

18 deny certification.

19 (3) DENIAL OF CERTIFICATION.—If certifi20 cation or provisional certification is denied for par21 ticipation in the tuition scholarship program, the

22 Corporation shall provide a written explanation to

23 the applicant school of the reasons for such decision.

24 (d) REVOCATION OF ELIGIBILITY.—
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1 (1) IN GENERAL.—Upon written petition from

2 the parent of a tuition scholarship student or on the

3 Corporation’s own motion, the Corporation may,

4 after notice and hearing, revoke a school’s certifi5 cation of eligibility for tuition scholarships for the

6 subsequent school year for good cause, including a

7 finding of a pattern of violation of program require8 ments described in section 2557(a).

9 (2) EXPLANATION.—If the eligibility of a school

10 is revoked, the Corporation shall provide a written

11 explanation for its decision to such school.

12 SEC. 2557. TUITION SCHOLARSHIP PARTICIPATION RE13 QUIREMENTS FOR INDEPENDENT AND PRI14 VATE SCHOOLS.

15 (a) INDEPENDENT AND PRIVATE SCHOOL REQUIRE16 MENTS.—Independent and private schools participating in

17 the tuition scholarship program shall—

18 (1) not discriminate on the basis of race, color,

19 or national origin, or on the basis of a student’s dis20 abilities if the school is equipped to provide an ap21 propriate education;

22 (2) abide by all applicable health and safety re23 quirements of the District of Columbia public

24 schools;
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1 (3) provide to the Corporation not later than

2 June 30 of each year the most recent financial audit

3 completed not earlier than 3 years before the date

4 the application is filed from an independent certified

5 public accountant using generally accepted auditing

6 standards;

7 (4) abide by all local regulations in effect for

8 independent or private schools;

9 (5) provide data to the Corporation as set forth

10 in section 2562, and conform to tuition requirements

11 as set forth in section 2555; and

12 (6) charge tuition scholarship recipients the

13 same tuition amount as other students who are resi14 dents of the District of Columbia and enrolled in the

15 same school.

16 (b) COMPLIANCE.—The Corporation may require

17 documentation of compliance with the requirements of

18 subsection (a), but neither the Corporation nor any gov19 ernmental entity may impose additional requirements

20 upon independent and private schools as a condition of

21 participation.

22 (c) WITHDRAWAL FROM PROGRAM.—Schools may

23 withdraw from the tuition scholarship program at any

24 time, refunding to the Corporation the proportion of any

25 scholarship payments already received for the remaining
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1 days in the school year on a pro rata basis. If a school

2 withdraws during an academic year, it shall permit schol3 arship students to complete the year at their own expense.

4 SEC. 2558. CHILDREN WITH DISABILITIES.

5 Nothing in this subtitle shall affect the rights of stu6 dents or the obligations of the District of Columbia public

7 schools under the Individuals with Disabilities Education

8 Act.

9 SEC. 2559. PAYMENTS FOR TUITION SCHOLARSHIPS.

10 (a) IN GENERAL.—

11 (1) PROPORTIONAL PAYMENT.—The Corpora12 tion shall make tuition scholarship payments to par13 ticipating schools not later than October 15 of each

14 year equal to half the total value of the scholarships

15 awarded to students enrolled at such school, and

16 half of such amount not later than January 15 of

17 the following calendar year.

18 (2) PRO RATA AMOUNTS FOR STUDENT

19 WITHDRAWL.—

20 (A) BEFORE PAYMENT.—If a student with21 draws before a tuition scholarship payment is

22 made, the school shall receive a pro rata

23 amount based on the school’s tuition for the

24 number of days the student was enrolled.
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1 (B) AFTER PAYMENT.—If a student with2 draws after a tuition scholarship payment is

3 made, the school shall refund to the Corpora4 tion the proportion of any scholarship payments

5 already received for the remaining days of the

6 school year on a pro rata basis. Such refund

7 shall occur not later than 30 days after the

8 date of the withdrawal of a student.

9 (b) FUND TRANSFERS.—The Corporation shall make

10 tuition scholarship payments to participating schools by

11 electronic funds transfer. If such an arrangement is not

12 available, the school shall submit an alternative proposal

13 to the Corporation for approval.

14 SEC. 2560. TUITION SCHOLARSHIP APPLICATION PROCE15 DURES.

16 The Corporation shall implement a schedule and pro17 cedures for processing applications for the tuition scholar18 ship program that includes a list of eligible schools, dis19 tribution of information to parents and the general public,

20 and deadlines for steps in the application and award proc21 ess.

22 SEC. 2561. TUITION SCHOLARSHIP REPORTING REQUIRE23 MENTS.

24 (a) IN GENERAL.—A school enrolling tuition scholar25 ship students shall report not later than July 30 of each
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1 year in a manner prescribed by the Corporation, the fol2 lowing data:

3 (1) Standardized test scores, if any, for scholar4 ship students.

5 (2) Grade advancement for scholarship stu6 dents.

7 (3) Disciplinary actions taken with respect to

8 scholarship students.

9 (4) Graduation, college admission test scores,

10 and college admission rates, if applicable for scholar11 ship students.

12 (5) Types and amounts of parental involvement

13 required for all families.

14 (6) Student attendance for scholarship stu15 dents.

16 (7) General information on curriculum, pro17 grams, facilities, credentials of personnel, and dis18 ciplinary rules.

19 (b) CONFIDENTIALITY.—No personal identifiers may

20 be used in the body of such report except that the Cor21 poration may request such confidential information solely

22 for the purpose of verification.
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1 SEC. 2562. FEE OR TRANSPORTATION SCHOLARSHIP PRO2 CEDURES AND CRITERIA.

3 (a) POLICIES AND PROCEDURES.—The Corporation

4 shall implement policies and procedures and criteria for

5 administering scholarships for use with providers approved

6 by the Corporation either for the cost of fees for instruc7 tional services provided to students on school grounds out8 side of regular school hours or for the costs of transpor9 tation for students enrolled in District of Columbia public

10 schools, public charter schools, or independent or private

11 schools participating in the tuition scholarship program.

12 (b) INFORMATION DISSEMINATION.—The Corpora13 tion shall distribute information describing the policies

14 and procedures and criteria developed pursuant to sub15 section (a), using the most efficient and practicable meth16 ods available, to potential applicants and other interested

17 parties within the geographic boundaries of the District

18 of Columbia.

19 SEC. 2563. PROGRAM APPRAISAL.

20 (a) STUDY.—Not later than 4 years after the date

21 of enactment of this Act, the Corporation shall provide

22 for an evaluation of the tuition scholarship program, in23 cluding—

24 (1) comparison of test scores between tuition

25 scholarship students and District of Columbia public
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1 school students of similar background, including by

2 income level;

3 (2) comparison of graduation rates between tui4 tion scholarship students and District of Columbia

5 public school students of similar background, includ6 ing by income level; and

7 (3) satisfaction of parents of scholarship stu8 dents.

9 (b) REPORT TO CONGRESS.—Not later than Septem10 ber 1 of each year, the Corporation shall submit a progress

11 report on the scholarship program to the appropriate con12 gressional committees.

13 SEC. 2564. JUDICIAL REVIEW.

14 (a) IN GENERAL.—

15 (1) JURISDICTION.—The United States District

16 Court for the District of Columbia shall have juris17 diction over any legal challenges to the tuition schol18 arship program and shall provide expedited review.

19 (2) PROTECTABLE INTERESTS.—Parents and

20 children shall be considered to have a separate

21 protectable interest and entitled to intervene as de22 fendants in any such action.

23 (3) TIMELY REVIEW.—The court shall render a

24 prompt decision.
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1 (b) APPEALS.—If the tuition scholarship program or

2 any part thereof is enjoined or ruled invalid, the decision

3 is directly appealable to the United States Supreme Court.

4 Subtitle K—Partnerships With

5 Business

6 SEC. 2601. PURPOSE.

7 It is the purpose of this title to leverage private sector

8 funds utilizing initial Federal investments in order to pro9 vide students and teachers within the District of Columbia

10 public schools and public charter schools with access to

11 state-of-the-art educational technology, to establish a re12 gional job training and employment center, to strengthen

13 workforce preparation initiatives for students within the

14 District of Columbia public schools and public charter

15 schools, and to coordinate private sector investments in

16 carrying out this title.

17 SEC. 2602. DUTIES OF THE SUPERINTENDENT OF THE DIS18 TRICT OF COLUMBIA PUBLIC SCHOOLS.

19 Not later than 45 days after the date of the enact20 ment of this Act, the Superintendent of the District of

21 Columbia public schools—

22 (1) shall provide a grant to a private, nonprofit

23 corporation that meets the eligibility criteria under

24 section 2603 for the purposes of carrying out the

25 duties under section 2604; and
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1 (2) shall establish a nonprofit organization in

2 accordance with the District of Columbia Nonprofit

3 Corporation Act for the purpose of carrying out the

4 duties under section 2605.

5 SEC. 2603. ELIGIBILITY CRITERIA FOR PRIVATE, NON6 PROFIT CORPORATION.

7 A private, nonprofit corporation shall be eligible to

8 receive a grant under section 2602(1) if the corporation

9 is a national business organization which is incorporated

10 in the District of Columbia and which—

11 (1) has a board of directors which includes

12 members who are also chief executive officers of

13 technology-related corporations involved in education

14 and workforce development issues;

15 (2) has extensive practical experience with ini16 tiatives that link business resources and expertise

17 with education and training systems;

18 (3) has experience in working with State and

19 local educational entities throughout the United

20 States on the integration of academic studies with

21 workforce preparation programs; and

22 (4) has a nationwide structure through which

23 additional resources can be leveraged and innovative

24 practices disseminated.
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1 SEC. 2604. DUTIES OF THE PRIVATE, NONPROFIT CORPORA2 TION.

3 (a) DISTRICT EDUCATION AND LEARNING TECH4 NOLOGIES ADVANCEMENT COUNCIL.—

5 (1) ESTABLISHMENT.—The corporation shall

6 establish a council to be known as the ‘‘District

7 Education and Learning Technologies Advancement

8 Council’’ or ‘‘DELTA Council’’ (in this title referred

9 to as the ‘‘council’’).

10 (2) MEMBERSHIP.—

11 (A) IN GENERAL.—The corporation shall

12 appoint members to the council. An individual

13 shall be appointed as a member to the council

14 on the basis of the commitment of the individ15 ual, or the entity which the individual is rep16 resenting, to providing time, energy, and re17 sources to the council.

18 (B) COMPENSATION.—Members of the

19 council shall serve without compensation.

20 (3) DUTIES.—The council—

21 (A) shall advise the corporation in the du22 ties of the corporation under subsections (b)

23 through (d) of this section; and

24 (B) shall assist the corporation in

25 leveraging private sector resources for the pur-
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1 pose of carrying out such duties of the corpora2 tion.

3 (b) ACCESS TO STATE-OF-THE-ART EDUCATIONAL

4 TECHNOLOGY.—

5 (1) IN GENERAL.—The corporation, in conjunc6 tion with the Superintendent, students, parents, and

7 teachers, shall establish and implement strategies to

8 ensure access to state-of-the-art educational tech9 nology within the District of Columbia public schools

10 and public charter schools established in accordance

11 with this Act.

12 (2) TECHNOLOGY ASSESSMENT.—

13 (A) IN GENERAL.—In establishing and im14 plementing the strategies under paragraph (1),

15 the corporation, not later than 90 days after

16 the date of the enactment of this Act, shall pro17 vide for an assessment of the current availabil18 ity of state-of-the-art educational technology

19 within the District of Columbia public schools

20 and public charter schools established in ac21 cordance with this Act.

22 (B) CONDUCT OF ASSESSMENT.—In pro23 viding for the assessment under subparagraph

24 (A), the corporation—
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1 (i) shall provide for on-site inspections

2 of the state-of-the-art educational tech3 nology within a minimum sampling of Dis4 trict of Columbia public schools and public

5 charter schools established in accordance

6 with this Act; and

7 (ii) shall ensure proper input from

8 students, parents, teachers, and other

9 school officials through the use of focus

10 groups and other appropriate mechanisms.

11 (C) RESULTS OF ASSESSMENT.—The cor12 poration shall ensure that the assessment car13 ried out under this paragraph provides, at a

14 minimum, necessary information on state-of15 the-art educational technology within the Dis16 trict of Columbia public schools and public

17 charter schools established in accordance with

18 this Act, including—

19 (i) the extent to which typical public

20 schools within the District of Columbia

21 have access to such state-of-the-art edu22 cational technology and training for such

23 technology;

24 (ii) how such schools are using such

25 technology;
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1 (iii) the need for additional technology

2 and the need for infrastructure for the im3 plementation of such additional technology;

4 (iv) the need for computer hardware,

5 software, training, and funding for such

6 additional technology or infrastructure;

7 and

8 (v) the potential for computer linkages

9 among District of Columbia public schools

10 and public charter schools.

11 (3) SHORT-TERM TECHNOLOGY PLAN.—

12 (A) IN GENERAL.—Based upon the results

13 of the technology assessment under paragraph

14 (2), the corporation shall develop a 3-year plan

15 that includes goals, priorities, and strategies for

16 obtaining the resources necessary to implement

17 strategies to ensure access to state-of-the-art

18 educational technology within the District of

19 Columbia public schools and public charter

20 schools established in accordance with this Act.

21 (B) IMPLEMENTATION.—The corporation,

22 in conjunction with schools, students, parents,

23 and teachers, shall implement the plan devel24 oped under subparagraph (A).
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1 (4) LONG-TERM TECHNOLOGY PLAN.—Prior to

2 the completion of the implementation of the short3 term plan under paragraph (3), the corporation shall

4 develop a plan under which the corporation will con5 tinue to coordinate the donation of private sector re6 sources for maintaining the continuous improvement

7 and upgrading of state-of-the-art educational tech8 nology within the District of Columbia public schools

9 and public charter schools established in accordance

10 with this Act.

11 (c) DISTRICT EMPLOYMENT AND LEARNING CEN12 TER.—

13 (1) ESTABLISHMENT.—The corporation shall

14 establish a center to be known as the ‘‘District Em15 ployment and Learning Center’’ or ‘‘DEAL Center’’

16 (in this title referred to as the ‘‘center’’), which shall

17 serve as a regional institute providing job training

18 and employment assistance.

19 (2) DUTIES.—

20 (A) JOB TRAINING AND EMPLOYMENT AS21 SISTANCE PROGRAM.—The center shall estab22 lish a program to provide job training and em23 ployment assistance in the District of Columbia.
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1 (B) CONDUCT OF PROGRAM.—In carrying

2 out the program established under subpara3 graph (A), the center—

4 (i) shall provide job training and em5 ployment assistance to youths who have at6 tained the age of 18 but have not attained

7 the age of 26, who are residents of the

8 District of Columbia, and who are in need

9 of such job training and employment as10 sistance for an appropriate period not to

11 exceed 2 years;

12 (ii) shall work to establish partner13 ships and enter into agreements with ap14 propriate governmental agencies of the

15 District of Columbia to serve individuals

16 participating in appropriate Federal pro17 grams, including programs under the Job

18 Training Partnership Act (29 U.S.C. 1501

19 et seq.), the Job Opportunities and Basic

20 Skills Training Program under part F of

21 title IV of the Social Security Act, the Carl

22 D. Perkins Vocational and Applied Tech23 nology Education Act (20 U.S.C. 2301 et

24 seq.), and the School-to-Work Opportuni25 ties Act of 1994 (20 U.S.C. 6101 et seq.);
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1 (iii) shall conduct such job training,

2 as appropriate, through a consortia of col3 leges, universities, community colleges, and

4 other appropriate providers in the District

5 of Columbia metropolitan area;

6 (iv) shall design modular training pro7 grams that allow students to enter and

8 leave the training curricula depending on

9 their opportunities for job assignments

10 with employers; and

11 (v) shall utilize resources from busi12 nesses to enhance work-based learning op13 portunities and facilitate access by stu14 dents to work-based learning and work-ex15 perience through temporary work assign16 ments with employers in the District of

17 Columbia metropolitan area.

18 (C) COMPENSATION.—The center may pro19 vide compensation to youths participating in the

20 program under this paragraph for part-time

21 work assigned in conjunction with training.

22 Such compensation may include needs-based

23 payments and reimbursement of expenses.

24 (d) WORKFORCE PREPARATION INITIATIVES.—
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1 (1) IN GENERAL.—The corporation shall estab2 lish initiatives with the District of Columbia public

3 schools and public charter schools established in ac4 cordance with this Act, appropriate governmental

5 agencies, and businesses and other private entities,

6 to facilitate the integration of rigorous academic

7 studies with workforce preparation programs in Dis8 trict of Columbia public schools and public charter

9 schools.

10 (2) CONDUCT OF INITIATIVES.—In carrying out

11 the initiatives under paragraph (1), the corporation

12 shall, at a minimum, actively develop, expand, and

13 promote the following programs:

14 (A) Career academy programs in secondary

15 schools, as established in certain District of Co16 lumbia public schools, which provide a ‘‘school17 within-a-school’’ concept, focusing on career

18 preparation and the integration of the academy

19 programs with vocational and technical curricu20 lum.

21 (B) Programs carried out in the District of

22 Columbia that are funded under the School-to23 Work Opportunities Act of 1994 (20 U.S.C.

24 6101 et seq.).
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1 (e) PROFESSIONAL DEVELOPMENT PROGRAM FOR

2 TEACHERS AND ADMINISTRATORS.—

3 (1) ESTABLISHMENT OF PROGRAM.—The cor4 poration shall establish a consortium consisting of

5 the corporation, teachers, school administrators, and

6 a consortium of universities located in the District of

7 Columbia (in existence on the date of the enactment

8 of this Act) for the purpose of establishing a pro9 gram for the professional development of teachers

10 and school administrators employed by the District

11 of Columbia public schools and public charter

12 schools established in accordance with this Act.

13 (2) CONDUCT OF PROGRAM.—In carrying out

14 the program established under paragraph (1), the

15 consortium established under such paragraph, in

16 consultation with the World Class Schools Panel and

17 the Superintendent, shall, at a minimum, provide for

18 the following:

19 (A) Professional development for teachers

20 which is consistent with the model professional

21 development programs for teachers under sec22 tion 402(a)(3), or is consistent with the core

23 curriculum developed by the Superintendent

24 under section 411(a)(1), as the case may be,

25 except that in fiscal year 1996, such profes-
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1 sional development shall focus on curriculum

2 for elementary grades in reading and mathe3 matics that have been demonstrated to be effec4 tive for students from low-income backgrounds.

5 (B) Private sector training of teachers in

6 the use, application, and operation of state-of7 the-art technology in education.

8 (C) Training for school principals and

9 other school administrators in effective private

10 sector management practices for the purpose of

11 site-based management in the District of Co12 lumbia public schools and training in the man13 agement of public charter schools established in

14 accordance with this Act.

15 (f) OTHER PRIVATE SECTOR ASSISTANCE AND CO16 ORDINATION.—The corporation shall coordinate private

17 sector involvement and voluntary assistance efforts in sup18 port of repairs and improvements to schools in the District

19 of Columbia, including—

20 (1) private sector monetary and in-kind con21 tributions to repair and improve school building fa22 cilities consistent with section 601;

23 (2) the development of proposals to be consid24 ered by the Superintendent for inclusion in the long25 term reform plan to be developed pursuant to sec-
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1 tion 101, and other proposals to be submitted to the

2 Superintendent, the Board of Education, the Mayor,

3 the District of Columbia Council, the Authority, the

4 Administrator of the General Services Administra5 tion, or the Congress; and

6 (3) a program of rewards for student accom7 plishment at participating local businesses.

8 SEC. 2605. JOBS FOR D.C. GRADUATES PROGRAM.

9 (a) IN GENERAL.—The nonprofit organization estab10 lished under section 2602(2) shall establish a program, to

11 be known as the ‘‘Jobs for D.C. Graduates Program’’, to

12 assist the District of Columbia public schools and public

13 charter schools established in accordance with this Act in

14 organizing and implementing a school-to-work transition

15 system with a priority on providing assistance to at-risk

16 youths and disadvantaged youths.

17 (b) CONDUCT OF PROGRAM.—In carrying out the

18 program established under subsection (a), the nonprofit

19 organization, consistent with the policies of the nationally20 recognized Jobs for America’s Graduates, Inc.—

21 (1) shall establish performance standards for

22 such program;

23 (2) shall provide ongoing enhancement and im24 provements in such program;
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1 (3) shall provide research and reports on the re2 sults of such program; and

3 (4) shall provide pre-service and in-service

4 training of all staff.

5 SEC. 2606. MATCHING FUNDS.

6 The corporation shall, to the extent practicable, pro7 vide funds, an in kind contribution, or a combination

8 thereof, for the purpose of carrying out the duties of the

9 corporation under section 2604, as follows:

10 (1) For fiscal year 1996, $1 for every $1 of

11 Federal funds provided under this title for section

12 2604.

13 (2) For fiscal year 1997, $3 for every $1 of

14 Federal funds provided under this title for section

15 2604.

16 (3) For fiscal year 1998, $5 for every $1 of

17 Federal funds provided under this title for section

18 2604.

19 SEC. 2607. REPORT.

20 The corporation shall prepare and submit to the Con21 gress on a quarterly basis, or, with respect to fiscal year

22 1996, on a biannual basis, a report which shall contain—

23 (1) the activities the corporation has carried

24 out, including the duties of the corporation described

25 in section 2604, for the 3-month period ending on
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1 the date of the submission of the report, or, with re2 spect to fiscal year 1996, the 6-month period ending

3 on the date of the submission of the report;

4 (2) an assessment of the use of funds or other

5 resources donated to the corporation;

6 (3) the results of the assessment carried out

7 under section 2604(b)(2); and

8 (4) a description of the goals and priorities of

9 the corporation for the 3-month period beginning on

10 the date of the submission of the report, or, with re11 spect to fiscal year 1996, the 6-month period begin12 ning on the date of the submission of the report.

13 SEC. 2608. AUTHORIZATION OF APPROPRIATIONS.

14 (a) AUTHORIZATION.—

15 (1) DELTA COUNCIL; ACCESS TO STATE-OF16 THE-ART EDUCATIONAL TECHNOLOGY; WORKFORCE

17 PREPARATION INITIATIVES; OTHER PRIVATE SECTOR

18 ASSISTANCE AND COORDINATION.—There are au19 thorized to be appropriated to carry out subsections

20 (a), (b), (d) and (f) of section 2604 $1,000,000 for

21 each of the fiscal years 1996, 1997, and 1998.

22 (2) DEAL CENTER.—There are authorized to be

23 appropriated to carry out section 2604(c)

24 $2,000,000 for each of the fiscal years 1996, 1997,

25 and 1998.
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1 (3) PROFESSIONAL DEVELOPMENT PROGRAM

2 FOR TEACHERS AND ADMINISTRATORS.—There are

3 authorized to be appropriated to carry out section

4 2604(e) $1,000,000 for each of the fiscal years

5 1996, 1997, and 1998.

6 (4) JOBS FOR D.C. GRADUATES PROGRAM.—

7 There are authorized to be appropriated to carry out

8 section 2605—

9 (A) $2,000,000 for fiscal year 1996; and

10 (B) $3,000,000 for each of the fiscal years

11 1997 through 2000.

12 (b) AVAILABILITY.—Amounts authorized to be appro13 priated under subsection (a) are authorized to remain

14 available until expended.

15 SEC. 2609. TERMINATION OF FEDERAL SUPPORT; SENSE OF

16 THE CONGRESS RELATING TO CONTINU17 ATION OF ACTIVITIES.

18 (a) TERMINATION OF FEDERAL SUPPORT.—The au19 thority under this title to provide assistance to the cor20 poration or any other entity established pursuant to this

21 title (except for assistance to the nonprofit organization

22 established under section 2602(2) for the purpose of car23 rying out section 2605) shall terminate on October 1,

24 1998.
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1 (b) SENSE OF THE CONGRESS RELATING TO CON2 TINUATION OF ACTIVITIES.—It is the sense of the Con3 gress that—

4 (1) the activities of the corporation under sec5 tion 2604 should continue to be carried out after

6 October 1, 1998, with resources made available from

7 the private sector; and

8 (2) the corporation should provide oversight

9 and coordination of such activities after such date.

10 Subtitle L—Parent Attendance at

11 Parent-Teacher Conferences

12 SEC. 2651. ESTABLISHMENT.

13 (a) POLICY.—Notwithstanding any other provision of

14 law, the Mayor of the District of Columbia is authorized

15 to develop and implement a policy requiring all residents

16 with children attending a District of Columbia public

17 school system to attend and participate in at least 1 par18 ent-teacher conference every 90 days during the school

19 year.

20 (b) WITHHOLD BENEFITS.—The Mayor is authorized

21 to withhold payment of benefits received under the pro22 gram under part A of title IV of the Social Security Act

23 as a condition of participation in these parent-teacher con24 ferences.
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1 SEC. 2652. SUBMISSION OF PLAN.

2 If the Mayor elects to utilize the powers granted

3 under section 2651, the Mayor shall submit to the Sec4 retary of Health and Human Services a plan for imple5 mentation. The plan shall include—

6 (1) plans to administer the program;

7 (2) plans to conduct evaluations on the success

8 or failure of the program;

9 (3) plans to monitor the participation of par10 ents;

11 (4) plans to withhold and reinstate benefits;

12 and

13 (5) long-term plans for the program.

14 SEC. 2653. REPORTS TO CONGRESS.

15 Beginning on October 1, 1996 and each year there16 after, the District shall annually report to the Secretary

17 of Health and Human Services and to the Congress on

18 the progress and results of the program described in sec19 tion 2651 of this Act.

20 That the following sums are appropriated, out of any

21 money in the Treasury not otherwise appropriated, for the

22 District of Columbia for the fiscal year ending September

23 30, 1996, and for other purposes, namely:
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1 TITLE I

2 FISCAL YEAR 1996 APPROPRIATIONS

3 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

4 For payment to the District of Columbia for the fiscal

5 year ending September 30, 1996, $660,000,000, as author6 ized by section 502(a) of the District of Columbia Self-Gov7 ernment and Governmental Reorganization Act, Public

8 Law 93-198, as amended (D.C. Code, sec. 47–3406.1).

9 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

10 For the Federal contribution to the Police Officers and

11 Fire Fighters’, Teachers’, and Judges’ Retirement Funds,

12 as authorized by the District of Columbia Retirement Re13 form Act, approved November 17, 1979 (93 Stat. 866; Pub14 lic Law 96–122), $52,000,000.

15 DIVISION OF EXPENSES

16 The following amounts are appropriated for the Dis17 trict of Columbia for the current fiscal year out of the gen18 eral fund of the District of Columbia, except as otherwise

19 specifically provided.

20 GOVERNMENTAL DIRECTION AND SUPPORT

21 Governmental direction and support, $150,721,000

22 and 1,465 full-time equivalent positions (end of year): Pro23 vided, That not to exceed $2,500 for the Mayor, $2,500 for

24 the Chairman of the Council of the District of Columbia,

25 and $2,500 for the City Administrator shall be available
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1 from this appropriation for expenditures for official pur2 poses: Provided further, That any program fees collected

3 from the issuance of debt shall be available for the payment

4 of expenses of the debt management program of the District

5 of Columbia: Provided further, That no revenues from Fed6 eral sources shall be used to support the operations or ac7 tivities of the Statehood Commission and Statehood Com8 pact Commission: Provided further, That the District of Co9 lumbia shall identify the sources of funding for Admission

10 to Statehood from its own locally-generated revenues: Pro11 vided further, That $29,500,000 is used for a pay-as-you12 go capital project of which $28,000,000 is available to de13 velop and implement a new financial management infor14 mation system and $1,500,000 is available for a needs as15 sessment study: Provided further, That the District of Co16 lumbia Financial Responsibility and Management Assist17 ance Authority shall have given prior approval to the work

18 plan and procurement documents for necessary hardware

19 and software before work on phase 3, as described in the

20 Authority’s August 15, 1995 report, is begun.

21 ECONOMIC DEVELOPMENT AND REGULATION

22 Economic development and regulation, $142,711,000

23 and 1,692 full-time equivalent positions (end-of-year): Pro24 vided, That the District of Columbia Housing Finance

25 Agency, established by section 201 of the District of Colum-
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1 bia Housing Finance Agency Act, effective March 3, 1979

2 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based upon its

3 capability of repayments as determined each year by the

4 Council of the District of Columbia from the Housing Fi5 nance Agency’s annual audited financial statements to the

6 Council of the District of Columbia, shall repay to the gen7 eral fund an amount equal to the appropriated administra8 tive costs plus interest at a rate of four percent per annum

9 for a term of 15 years, with a deferral of payments for the

10 first three years: Provided further, That notwithstanding

11 the foregoing provision, the obligation to repay all or part

12 of the amounts due shall be subject to the rights of the own13 ers of any bonds or notes issued by the Housing Finance

14 Agency and shall be repaid to the District of Columbia gov15 ernment only from available operating revenues of the

16 Housing Finance Agency that are in excess of the amounts

17 required for debt service, reserve funds, and operating ex18 penses: Provided further, That upon commencement of the

19 debt service payments, such payments shall be deposited

20 into the general fund of the District of Columbia.

21 PUBLIC SAFETY AND JUSTICE

22 Public safety and justice, including purchase of 135

23 passenger-carrying vehicles for replacement only, including

24 130 for police-type use and five for fire-type use, without

25 regard to the general purchase price limitation for the cur-
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1 rent fiscal year, $960,747,000 and 11,544 full-time equiva2 lent positions (end-of-year): Provided, That the Metropoli3 tan Police Department is authorized to replace not to exceed

4 25 passenger-carrying vehicles and the Fire Department of

5 the District of Columbia is authorized to replace not to ex6 ceed five passenger-carrying vehicles annually whenever the

7 cost of repair to any damaged vehicle exceeds three-fourths

8 of the cost of the replacement: Provided further, That not

9 to exceed $500,000 shall be available from this appropria10 tion for the Chief of Police for the prevention and detection

11 of crime: Provided further, That the Metropolitan Police

12 Department shall provide quarterly reports to the Commit13 tees on Appropriations of the House and Senate on efforts

14 to increase efficiency and improve the professionalism in

15 the department: Provided further, That notwithstanding

16 any other provision of law, or Mayor’s Order 86–45, issued

17 March 18, 1986, the Metropolitan Police Department’s dele18 gated small purchase authority shall be $500,000: Provided

19 further, That the District of Columbia government may not

20 require the Metropolitan Police Department to submit to

21 any other procurement review process, or to obtain the ap22 proval of or be restricted in any manner by any official

23 or employee of the District of Columbia government, for

24 purchases that do not exceed $500,000: Provided further,

25 That $250,000 is used for the Georgetown Summer Detail;
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1 $200,000 is used for East of the River Detail; $100,000 is

2 used for Adams Morgan Detail; and $100,000 is used for

3 the Capitol Hill Summer Detail: Provided further, That the

4 Metropolitan Police Department shall employ an authorized

5 level of sworn officers not to be less than 3,800 sworn officers

6 for the fiscal year ending September 30, 1996: Provided fur7 ther, That the District of Columbia shall house no more

8 than 1,000 inmates in its community correctional centers,

9 District operated or contracted, on any given date: Provided

10 further, That funds appropriated for expenses under the

11 District of Columbia Criminal Justice Act, approved Sep12 tember 3, 1974 (88 Stat. 1090; Public Law 93–412; D.C.

13 Code, sec. 11–2601 et seq.), for the fiscal year ending Sep14 tember 30, 1996, shall be available for obligations incurred

15 under the Act in each fiscal year since inception in the fis16 cal year 1975: Provided further, That funds appropriated

17 for expenses under the District of Columbia Neglect Rep18 resentation Equity Act of 1984, effective March 13, 1985

19 (D.C. Law 5–129; D.C. Code, sec. 16–2304), for the fiscal

20 year ending September 30, 1996, shall be available for obli21 gations incurred under the Act in each fiscal year since in22 ception in the fiscal year 1985: Provided further, That

23 funds appropriated for expenses under the District of Co24 lumbia Guardianship, Protective Proceedings, and Durable

25 Power of Attorney Act of 1986, effective February 27, 1987
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1 (D.C. Law 6–204; D. C. Code, sec. 21–2060), for the fiscal

2 year ending September 30, 1996, shall be available for obli3 gations incurred under the Act in each fiscal year since in4 ception in fiscal year 1989: Provided further, That not to

5 exceed $1,500 for the Chief Judge of the District of Colum6 bia Court of Appeals, $1,500 for the Chief Judge of the Su7 perior Court of the District of Columbia, and $1,500 for

8 the Executive Officer of the District of Columbia Courts

9 shall be available from this appropriation for official pur10 poses: Provided further, That the District of Columbia shall

11 operate and maintain a free, 24-hour telephone information

12 service whereby residents of the area surrounding Lorton

13 prison in Fairfax County, Virginia, can promptly obtain

14 information from District of Columbia government officials

15 on all disturbances at the prison, including escapes, fires,

16 riots, and similar incidents: Provided further, That the Dis17 trict of Columbia government shall also take steps to pub18 licize the availability of the 24-hour telephone information

19 service among the residents of the area surrounding the

20 Lorton prison: Provided further, That not to exceed

21 $100,000 of this appropriation shall be used to reimburse

22 Fairfax County, Virginia, and Prince William County,

23 Virginia, for expenses incurred by the counties during the

24 fiscal year ending September 30, 1996, in relation to the

25 Lorton prison complex: Provided further, That such reim-
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1 bursements shall be paid in all instances in which the Dis2 trict requests the counties to provide police, fire, rescue, and

3 related services to help deal with escapes, riots, and similar

4 disturbances involving the prison: Provided further, That

5 the Mayor shall reimburse the District of Columbia Na6 tional Guard for expenses incurred in connection with serv7 ices that are performed in emergencies by the National

8 Guard in a militia status and are requested by the Mayor,

9 in amounts that shall be jointly determined and certified

10 as due and payable for these services by the Mayor and the

11 Commanding General of the District of Columbia National

12 Guard: Provided further, That such sums as may be nec13 essary for reimbursement to the District of Columbia Na14 tional Guard under the preceding proviso shall be available

15 from this appropriation, and the availability of the sums

16 shall be deemed as constituting payment in advance for

17 emergency services involved.

18 PUBLIC EDUCATION SYSTEM

19 Public education system, including the development of

20 national defense education programs, $800,080,000 and

21 11,670 full-time equivalent positions (end-of-year), to be al22 located as follows: $585,956,000 and 10,167 full-time equiv23 alent positions for the public schools of the District of Co24 lumbia; $109,175,000 shall be allocated for the District of

25 Columbia Teachers’ Retirement Fund; $81,940,000 and
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1 1,079 full-time equivalent positions for the University of the

2 District of Columbia; $20,742,000 and 415 full-time equiva3 lent positions for the Public Library; $2,267,000 and 9 full4 time equivalent positions for the Commission on the Arts

5 and Humanities: Provided, That the public schools of the

6 District of Columbia are authorized to accept not to exceed

7 31 motor vehicles for exclusive use in the driver education

8 program: Provided further, That not to exceed $2,500 for

9 the Superintendent of Schools, $2,500 for the President of

10 the University of the District of Columbia, and $2,000 for

11 the Public Librarian shall be available from this appropria12 tion for expenditures for official purposes: Provided further,

13 That this appropriation shall not be available to subsidize

14 the education of nonresidents of the District of Columbia

15 at the University of the District of Columbia, unless the

16 Board of Trustees of the University of the District of Colum17 bia adopts, for the fiscal year ending September 30, 1996,

18 a tuition rate schedule that will establish the tuition rate

19 for nonresident students at a level no lower than the non20 resident tuition rate charged at comparable public institu21 tions of higher education in the metropolitan area.

22 HUMAN SUPPORT SERVICES

23 Human support services, $1,859,622,000 and 6,469

24 full-time equivalent positions (end-of-year): Provided, That

25 $26,000,000 of this appropriation, to remain available
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1 until expended, shall be available solely for District of Co2 lumbia employees’ disability compensation: Provided fur3 ther, That the District shall not provide free government

4 services such as water, sewer, solid waste disposal or collec5 tion, utilities, maintenance, repairs, or similar services to

6 any legally constituted private nonprofit organization (as

7 defined in section 411(5) of Public Law 100–77, approved

8 July 22, 1987) providing emergency shelter services in the

9 District, if the District would not be qualified to receive

10 reimbursement pursuant to the Stewart B. McKinney

11 Homeless Assistance Act, approved July 22, 1987 (101 Stat.

12 485; Public Law 100–77; 42 U.S.C. 11301 et seq.).

13 PUBLIC WORKS

14 Public works, including rental of one passenger-carry15 ing vehicle for use by the Mayor and three passenger-carry16 ing vehicles for use by the Council of the District of Colum17 bia and purchase of passenger-carrying vehicles for replace18 ment only, $297,568,000 and 1,914 full-time equivalent po19 sitions (end-of-year): Provided, That this appropriation

20 shall not be available for collecting ashes or miscellaneous

21 refuse from hotels and places of business.

22 WASHINGTON CONVENTION CENTER TRANSFER PAYMENT

23 For the Washington Convention Center Fund,

24 $5,400,000.
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1 REPAYMENT OF LOANS AND INTEREST

2 For reimbursement to the United States of funds

3 loaned in compliance with an Act to provide for the estab4 lishment of a modern, adequate, and efficient hospital cen5 ter in the District of Columbia, approved August 7, 1946

6 (60 Stat. 896; Public Law 79–648); section 1 of an Act

7 to authorize the Commissioners of the District of Columbia

8 to borrow funds for capital improvement programs and to

9 amend provisions of law relating to Federal Government

10 participation in meeting costs of maintaining the Nation’s

11 Capital City, approved June 6, 1958 (72 Stat. 183; Public

12 Law 85–451; D.C. Code, sec. 9–219); section 4 of an Act

13 to authorize the Commissioners of the District of Columbia

14 to plan, construct, operate, and maintain a sanitary sewer

15 to connect the Dulles International Airport with the Dis16 trict of Columbia system, approved June 12, 1960 (74 Stat.

17 211; Public Law 86–515); sections 723 and 743(f) of the

18 District of Columbia Self-Government and Governmental

19 Reorganization Act of 1973, approved December 24, 1973,

20 as amended (87 Stat. 821; Public Law 93–198; D.C. Code,

21 sec. 47–321, note; 91 Stat. 1156; Public Law 95–131; D.C.

22 Code, sec. 9–219, note), including interest as required there23 by, $257,787,000.
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1 REPAYMENT OF GENERAL FUND RECOVERY DEBT

2 For the purpose of eliminating the $331,589,000 gen3 eral fund accumulated deficit as of September 30, 1990,

4 $38,678,000, as authorized by section 461(a) of the District

5 of Columbia Self-Government and Governmental Reorga6 nization Act, approved December 24, 1973, as amended

7 (105 Stat. 540; Public Law 102–106; D.C. Code, sec. 47–

8 321(a)).

9 REPAYMENT OF INTEREST ON SHORT-TERM BORROWING

10 For repayment of interest on short-term borrowing,

11 $9,698,000.

12 PAY RENEGOTIATION OR REDUCTION IN COMPENSATION

13 The Mayor shall reduce appropriations and expendi14 tures for personal services in the amount of $46,409,000,

15 by decreasing rates of compensation for District government

16 employees; such decreased rates are to be realized for em17 ployees who are subject to collective bargaining agreements

18 to the extent possible through the renegotiation of existing

19 collective bargaining agreements.

20 RAINY DAY FUND

21 For mandatory unavoidable expenditures within one

22 or several of the various appropriation headings of this Act,

23 to be allocated to the budgets for personal services and

24 nonpersonal services as requested by the Mayor and ap25 proved by the Council pursuant to the procedures in section
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1 4 of the Reprogramming Policy Act of 1980, effective Sep2 tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–363),

3 $4,563,000: Provided, That the District of Columbia shall

4 provide to the Committees on Appropriations of the House

5 of Representatives and the Senate quarterly reports by the

6 15th day of the month following the end of the quarter show7 ing how monies provided under this fund are expended with

8 a final report providing a full accounting of the fund due

9 October 15, 1995 or not later than 15 days after the last

10 amount remaining in the fund is disbursed.

11 INCENTIVE BUYOUT PROGRAM

12 For the purpose of funding costs associated with the

13 incentive buyout program, to be apportioned by the Mayor

14 of the District of Columbia within the various appropria15 tion headings in this Act from which costs are properly

16 payable, $19,000,000.

17 BOARDS AND COMMISSIONS

18 The Mayor shall reduce appropriations and expendi19 tures for boards and commissions under the various head20 ings in this Act in the amount of $500,000.

21 GOVERNMENT RE-ENGINEERING PROGRAM

22 If a sufficient reduction from employees who are sub23 ject to collective bargaining agreements is not realized

24 through renegotiating existing agreements, the Mayor shall

25 decrease the rates of compensation for such employees, not-
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1 withstanding the provisions of any collective bargaining

2 agreements: Provided, That the Mayor shall reduce appro3 priations and expenditures for personal and nonpersonal

4 services in the amount of $16,000,000 within one or several

5 of the various appropriation headings in this Act.

6 OUTPLACEMENT

7 For outplacement $1,500,000.

8 CAPITAL OUTLAY

9 For construction projects, $82,850,000, as authorized

10 by an Act authorizing the laying of water mains and service

11 sewers in the District of Columbia, the levying of assess12 ments therefor, and for other purposes, approved April 22,

13 1904 (33 Stat. 244; Public Law 58–140; D.C. Code, secs.

14 43–1512 through 43–1519); the District of Columbia Public

15 Works Act of 1954, approved May 18, 1954 (68 Stat. 101;

16 Public Law 83–364); An Act to authorize the Commis17 sioners of the District of Columbia to borrow funds for cap18 ital improvement programs and to amend provisions of law

19 relating to Federal Government participation in meeting

20 costs of maintaining the Nation’s Capital City, approved

21 June 6, 1958 (72 Stat. 183; Public Law 85–451); including

22 acquisition of sites, preparation of plans and specifications,

23 conducting preliminary surveys, erection of structures, in24 cluding building improvement and alteration and treat25 ment of grounds, to remain available until expended: Pro-
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1 vided, That $105,660,000 appropriated under this heading

2 in prior fiscal years is rescinded.

3 WATER AND SEWER ENTERPRISE FUND

4 For the Water and Sewer Enterprise Fund,

5 $243,853,000 and 1,024 full-time equivalent positions (end

6 of year), of which $41,036,000 shall be apportioned and

7 payable to the debt service fund for repayment of loans and

8 interest incurred for capital improvement projects.

9 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

10 For the Lottery and Charitable Games Enterprise

11 Fund, established by the District of Columbia Appropria12 tion Act for the Fiscal Year ending September 30, 1982,

13 approved December 4, 1981 (95 Stat. 1174, 1175; Public

14 Law 97–91), as amended, for the purpose of implementing

15 the Law to Legalize Lotteries, Daily Numbers Games, and

16 Bingo and Raffles for Charitable Purposes in the District

17 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

18 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

19 $229,950,000 and 88 full-time equivalent positions (end of

20 year), to be derived from non-Federal District of Columbia

21 revenues: Provided, That the District of Columbia shall

22 identify the source of funding for this appropriation title

23 from the District’s own locally-generated revenues: Provided

24 further, That no revenues from Federal sources shall be used
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1 to support the operations or activities of the Lottery and

2 Charitable Games Control Board.

3 CABLE TELEVISION ENTERPRISE FUND

4 For the Cable Television Enterprise Fund, established

5 by the Cable Television Communications Act of 1981, effec6 tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–

7 1801 et seq.), $2,351,000 and 8 full-time equivalent posi8 tions (end of year), of which $572,000 shall be transferred

9 to the General Fund of the District of Columbia.

10 STARPLEX FUND

11 For the Starplex Fund, $6,580,000 for the expenses in12 curred by the Armory Board in the exercise of its powers

13 granted by An Act To Establish a District of Columbia Ar14 mory Board, and for other purposes, approved June 4, 1948

15 (62 Stat. 339; D.C. Code, sec. 2–301 et seq.) and the District

16 of Columbia Stadium Act of 1957, approved September 7,

17 1957 (71 Stat. 619; Public Law 85–300; D. C. Code, sec.

18 2–321 et seq.): Provided, That the Mayor shall submit a

19 budget for the Armory Board for the forthcoming fiscal year

20 as required by section 442(b) of the District of Columbia

21 Self-Government and Governmental Reorganization Act,

22 approved December 24, 1973 (87 Stat. 824; Public Law 93–

23 198; D.C. Code, sec. 47–301(b)).
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1 D.C. GENERAL HOSPITAL

2 For the District of Columbia General Hospital, estab3 lished by the Reorganization Order No. 57 of the Board of

4 Commissioners, effective August 15, 1953, $115,034,000, of

5 which $56,735,000 shall be derived by transfer from the gen6 eral fund.

7 D.C. RETIREMENT BOARD

8 For the D.C. Retirement Board, established by section

9 121 of the District of Columbia Comprehensive Retirement

10 Reform Act of 1989, approved November 17, 1989 (93 Stat.

11 866; D.C. Code, sec. 1–711), $13,440,000 to pay legal, man12 agement, investment, and other fees and administrative ex13 penses of the District of Columbia Retirement Board and

14 11 full-time equivalent positions (end of year): Provided,

15 That the District of Columbia Retirement Board shall pro16 vide to the Congress and to the Council of the District of

17 Columbia a quarterly report of the allocations of charges

18 by fund and of expenditures of all funds: Provided further,

19 That the District of Columbia Retirement Board shall pro20 vide the Mayor, for transmittal to the Council of the Dis21 trict of Columbia, an item accounting of the planned use

22 of appropriated funds in time for each annual budget sub23 mission and the actual use of such funds in time for each

24 annual audited financial report.
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1 CORRECTIONAL INDUSTRIES

2 For the Correctional Industries Fund, established by

3 the District of Columbia Correctional Industries Establish4 ment Act, approved October 3, 1964 (78 Stat. 1000; Public

5 Law 88–622), $10,516,000 and 66 full-time equivalent posi6 tions (end of year).

7 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

8 MANAGEMENT ASSISTANCE AUTHORITY

9 For the District of Columbia Financial Responsibility

10 and Management Assistance Authority, established by sec11 tion 101(a) of the District of Columbia Financial Respon12 sibility and Management Assistance Act of 1995, approved

13 April 17, 1995 (109 Stat. 97; Public Law 104–8),

14 $3,500,000.

15 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

16 For the Washington Convention Center Enterprise

17 Fund, $37,957,000, of which $5,400,000 shall be derived by

18 transfer from the general fund.

19 PERSONAL SERVICES ADJUSTMENT

20 The Mayor, in consultation with the Council and the

21 District of Columbia Financial Responsibility and Man22 agement Assistance Authority, shall reduce appropriations

23 and expenditures for personal services costs in the amount

24 of $11,264,000 within one or several of the various appro25 priations headings in this Act.
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1 GENERAL PROVISIONS

2 SEC. 101. The expenditure of any appropriation under

3 this Act for any consulting service through procurement

4 contract, pursuant to 5 U.S.C. 3109, shall be limited to

5 those contracts where such expenditures are a matter of pub6 lic record and available for public inspection, except where

7 otherwise provided under existing law, or under existing

8 Executive order issued pursuant to existing law.

9 SEC. 102. Except as otherwise provided in this Act,

10 all vouchers covering expenditures of appropriations con11 tained in this Act shall be audited before payment by the

12 designated certifying official and the vouchers as approved

13 shall be paid by checks issued by the designated disbursing

14 official.

15 SEC. 103. Whenever in this Act, an amount is specified

16 within an appropriation for particular purposes or objects

17 of expenditure, such amount, unless otherwise specified,

18 shall be considered as the maximum amount that may be

19 expended for said purpose or object rather than an amount

20 set apart exclusively therefor.

21 SEC. 104. Appropriations in this Act shall be avail22 able, when authorized by the Mayor, for allowances for pri23 vately owned automobiles and motorcycles used for the per24 formance of official duties at rates established by the Mayor:

25 Provided, That such rates shall not exceed the maximum
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1 prevailing rates for such vehicles as prescribed in the Fed2 eral Property Management Regulations 101–7 (Federal

3 Travel Regulations).

4 SEC. 105. Appropriations in this Act shall be available

5 for expenses of travel and for the payment of dues of organi6 zations concerned with the work of the District of Columbia

7 government, when authorized by the Mayor: Provided, That

8 the Council of the District of Columbia and the District

9 of Columbia Courts may expend such funds without author10 ization by the Mayor.

11 SEC. 106. There are appropriated from the applicable

12 funds of the District of Columbia such sums as may be nec13 essary for making refunds and for the payment of judg14 ments that have been entered against the District of Colum15 bia government: Provided, That nothing contained in this

16 section shall be construed as modifying or affecting the pro17 visions of section 11(c)(3) of title XII of the District of Co18 lumbia Income and Franchise Tax Act of 1947, approved

19 March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.

20 Code, sec. 47–1812.11(c)(3)).

21 SEC. 107. Appropriations in this Act shall be available

22 for the payment of public assistance without reference to

23 the requirement of section 544 of the District of Columbia

24 Public Assistance Act of 1982, effective April 6, 1982 (D.C.

25 Law 4–101; D.C. Code, sec. 3–205.44), and for the non-Fed-
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1 eral share of funds necessary to qualify for Federal assist2 ance under the Juvenile Delinquency Prevention and Con3 trol Act of 1968, approved July 31, 1968 (82 Stat. 462;

4 Public Law 90–445; 42 U.S.C. 3801 et seq.).

5 SEC. 108. No part of any appropriation contained in

6 this Act shall remain available for obligation beyond the

7 current fiscal year unless expressly so provided herein.

8 SEC. 109. No funds appropriated in this Act for the

9 District of Columbia government for the operation of edu10 cational institutions, the compensation of personnel, or for

11 other educational purposes may be used to permit, encour12 age, facilitate, or further partisan political activities. Noth13 ing herein is intended to prohibit the availability of school

14 buildings for the use of any community or partisan politi15 cal group during non-school hours.

16 SEC. 110. The annual budget for the District of Colum17 bia government for the fiscal year ending September 30,

18 1997, shall be transmitted to the Congress no later than

19 April 15, 1996.

20 SEC. 111. None of the funds appropriated in this Act

21 shall be made available to pay the salary of any employee

22 of the District of Columbia government whose name, title,

23 grade, salary, past work experience, and salary history are

24 not available for inspection by the House and Senate Com25 mittees on Appropriations, the House Committee on Gov-
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1 ernment Reform and Oversight, District of Columbia Sub2 committee, the Subcommittee on General Services, Federal3 ism, and the District of Columbia, of the Senate Committee

4 on Governmental Affairs, and the Council of the District

5 of Columbia, or their duly authorized representative: Pro6 vided, That none of the funds contained in this Act shall

7 be made available to pay the salary of any employee of the

8 District of Columbia government whose name and salary

9 are not available for public inspection.

10 SEC. 112. There are appropriated from the applicable

11 funds of the District of Columbia such sums as may be nec12 essary for making payments authorized by the District of

13 Columbia Revenue Recovery Act of 1977, effective Septem14 ber 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et

15 seq.).

16 SEC. 113. No part of this appropriation shall be used

17 for publicity or propaganda purposes or implementation of

18 any policy including boycott designed to support or defeat

19 legislation pending before Congress or any State legislature.

20 SEC. 114. At the start of the fiscal year, the Mayor

21 shall develop an annual plan, by quarter and by project,

22 for capital outlay borrowings: Provided, That within a rea23 sonable time after the close of each quarter, the Mayor shall

24 report to the Council of the District of Columbia and the
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1 Congress the actual borrowing and spending progress com2 pared with projections.

3 SEC. 115. The Mayor shall not borrow any funds for

4 capital projects unless the Mayor has obtained prior ap5 proval from the Council of the District of Columbia, by reso6 lution, identifying the projects and amounts to be financed

7 with such borrowings.

8 SEC. 116. The Mayor shall not expend any moneys

9 borrowed for capital projects for the operating expenses of

10 the District of Columbia government.

11 SEC. 117. None of the funds appropriated by this Act

12 may be obligated or expended by reprogramming except

13 pursuant to advance approval of the reprogramming grant14 ed according to the procedure set forth in the Joint Explan15 atory Statement of the Committee of Conference (House Re16 port No. 96–443), which accompanied the District of Co17 lumbia Appropriation Act, 1980, approved October 30,

18 1979 (93 Stat. 713; Public Law 96–93), as modified in

19 House Report No. 98–265, and in accordance with the

20 Reprogramming Policy Act of 1980, effective September 16,

21 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro22 vided, That for the fiscal year ending September 30, 1996

23 the above shall apply except as modified by Public Law

24 104–8.
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1 SEC. 118. None of the Federal funds provided in this

2 Act shall be obligated or expended to provide a personal

3 cook, chauffeur, or other personal servants to any officer or

4 employee of the District of Columbia.

5 SEC. 119. None of the Federal funds provided in this

6 Act shall be obligated or expended to procure passenger

7 automobiles as defined in the Automobile Fuel Efficiency

8 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

9 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ10 mental Protection Agency estimated miles per gallon aver11 age of less than 22 miles per gallon: Provided, That this

12 section shall not apply to security, emergency rescue, or ar13 mored vehicles.

14 SEC. 120. (a) Notwithstanding section 422(7) of the

15 District of Columbia Self-Government and Governmental

16 Reorganization Act of 1973, approved December 24, 1973

17 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

18 242(7)), the City Administrator shall be paid, during any

19 fiscal year, a salary at a rate established by the Mayor,

20 not to exceed the rate established for level IV of the Execu21 tive Schedule under 5 U.S.C. 5315.

22 (b) For purposes of applying any provision of law lim23 iting the availability of funds for payment of salary or pay

24 in any fiscal year, the highest rate of pay established by

25 the Mayor under subsection (a) of this section for any posi-
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1 tion for any period during the last quarter of calendar year

2 1995 shall be deemed to be the rate of pay payable for that

3 position for September 30, 1995.

4 (c) Notwithstanding section 4(a) of the District of Co5 lumbia Redevelopment Act of 1945, approved August 2,

6 1946 (60 Stat. 793; Public Law 79–592; D.C. Code, sec.

7 5–803(a)), the Board of Directors of the District of Colum8 bia Redevelopment Land Agency shall be paid, during any

9 fiscal year, per diem compensation at a rate established by

10 the Mayor.

11 SEC. 121. Notwithstanding any other provisions of

12 law, the provisions of the District of Columbia Government

13 Comprehensive Merit Personnel Act of 1978, effective March

14 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

15 enacted pursuant to section 422(3) of the District of Colum16 bia Self-Government and Governmental Reorganization Act

17 of 1973, approved December 24, 1973 (87 Stat. 790; Public

18 Law 93–198; D.C. Code, sec. 1–242(3)), shall apply with

19 respect to the compensation of District of Columbia employ20 ees: Provided, That for pay purposes, employees of the Dis21 trict of Columbia government shall not be subject to the pro22 visions of title 5 of the United States Code.

23 SEC. 122. The Director of the Department of Adminis24 trative Services may pay rentals and repair, alter, and im25 prove rented premises, without regard to the provisions of
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1 section 322 of the Economy Act of 1932 (Public Law 72–

2 212; 40 U.S.C. 278a), upon a determination by the Direc3 tor, that by reason of circumstances set forth in such deter4 mination, the payment of these rents and the execution of

5 this work, without reference to the limitations of section

6 322, is advantageous to the District in terms of economy,

7 efficiency, and the District’s best interest.

8 SEC. 123. No later than 30 days after the end of the

9 first quarter of the fiscal year ending September 30, 1996,

10 the Mayor of the District of Columbia shall submit to the

11 Council of the District of Columbia the new fiscal year 1996

12 revenue estimates as of the end of the first quarter of fiscal

13 year 1996. These estimates shall be used in the budget re14 quest for the fiscal year ending September 30, 1997. The

15 officially revised estimates at midyear shall be used for the

16 midyear report.

17 SEC. 124. Section 466(b) of the District of Columbia

18 Self-Government and Governmental Reorganization Act of

19 1973, approved December 24, 1973 (87 Stat. 806; Public

20 Law 93–198; D.C. Code, sec. 47–326), as amended, is

21 amended by striking ‘‘sold before October 1, 1995’’and in22 serting ‘‘sold before October 1, 1996’’.

23 SEC. 125. No sole source contract with the District of

24 Columbia government or any agency thereof may be re25 newed or extended without opening that contract to the
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1 competitive bidding process as set forth in section 303 of

2 the District of Columbia Procurement Practices Act of 1985,

3 effective February 21, 1986 (D.C. Law 6–85; D.C. Code, sec.

4 1–1183.3), except that the District of Columbia Public

5 Schools may renew or extend sole source contracts for which

6 competition is not feasible or practical, provided that the

7 determination as to whether to invoke the competitive bid8 ding process has been made in accordance with duly pro9 mulgated Board of Education rules and procedures.

10 SEC. 126. For purposes of the Balanced Budget and

11 Emergency Deficit Control Act of 1985, approved December

12 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended,

13 the term ‘‘program, project, and activity’’ shall be synony14 mous with and refer specifically to each account appro15 priating Federal funds in this Act, and any sequestration

16 order shall be applied to each of the accounts rather than

17 to the aggregate total of those accounts: Provided, That se18 questration orders shall not be applied to any account that

19 is specifically exempted from sequestration by the Balanced

20 Budget and Emergency Deficit Control Act of 1985, ap21 proved December 12, 1985 (99 Stat. 1037; Public Law 99–

22 177), as amended.

23 SEC. 127. In the event a sequestration order is issued

24 pursuant to the Balanced Budget and Emergency Deficit

25 Control Act of 1985, approved December 12, 1985 (99 Stat.
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1 1037; Public Law 99–177), as amended, after the amounts

2 appropriated to the District of Columbia for the fiscal year

3 involved have been paid to the District of Columbia, the

4 Mayor of the District of Columbia shall pay to the Sec5 retary of the Treasury, within 15 days after receipt of a

6 request therefor from the Secretary of the Treasury, such

7 amounts as are sequestered by the order: Provided, That the

8 sequestration percentage specified in the order shall be ap9 plied proportionately to each of the Federal appropriation

10 accounts in this Act that are not specifically exempted from

11 sequestration by the Balanced Budget and Emergency Defi12 cit Control Act of 1985, approved December 12, 1985 (99

13 Stat. 1037; Public Law 99–177), as amended.

14 SEC. 128. For the fiscal year ending September 30,

15 1996, the District of Columbia shall pay interest on its

16 quarterly payments to the United States that are made

17 more than 60 days from the date of receipt of an itemized

18 statement from the Federal Bureau of Prisons of amounts

19 due for housing District of Columbia convicts in Federal

20 penitentiaries for the preceding quarter.

21 SEC. 129. Nothing in this Act shall be construed to

22 authorize any office, agency or entity to expend funds for

23 programs or functions for which a reorganization plan is

24 required but has not been approved by the Council pursuant

25 to section 422(12) of the District of Columbia Self-Govern-
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1 ment and Governmental Reorganization Act of 1973, ap2 proved December 24, 1973 (87 Stat. 790; Public Law 93–

3 198; D.C. Code, sec. 1–242(12)) and the Governmental Re4 organization Procedures Act of 1981, effective October 17,

5 1981 (D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1–299.7).

6 Appropriations made by this Act for such programs or

7 functions are conditioned on the approval by the Council,

8 prior to October 1, 1995, of the required reorganization

9 plans.

10 SEC 130. (a) An entity of the District of Columbia

11 government may accept and use a gift or donation during

12 fiscal year 1996 if—

13 (1) the Mayor approves the acceptance and use

14 of the gift or donation: Provided, That the Council of

15 the District of Columbia may accept and use gifts

16 without prior approval by the Mayor; and

17 (2) the entity uses the gift or donation to carry

18 out its authorized functions or duties.

19 (b) Each entity of the District of Columbia government

20 shall keep accurate and detailed records of the acceptance

21 and use of any gift or donation under subsection (a) of this

22 section, and shall make such records available for audit and

23 public inspection.
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1 (c) For the purposes of this section, the term ‘‘entity

2 of the District of Columbia government’’ includes an inde3 pendent agency of the District of Columbia.

4 (d) This section shall not apply to the District of Co5 lumbia Board of Education, which may, pursuant to the

6 laws and regulations of the District of Columbia, accept

7 and use gifts to the public schools without prior approval

8 by the Mayor.

9 SEC. 131. None of the Federal funds provided in this

10 Act may be used by the District of Columbia to provide

11 for salaries, expenses, or other costs associated with the of12 fices of United States Senator or United States Representa13 tives under section 4(d) of the District of Columbia State14 hood Constitutional Convention Initiatives of 1979, effective

15 March 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1–

16 113(d)).

17 SEC. 132. None of the Federal funds appropriated

18 under this Act shall be expended for any abortion except

19 when it is made known to the entity or official to which

20 funds are appropriated under this Act that such procedure

21 is necessary to save the life of the mother or that the preg22 nancy is the result of an act of rape or incest.
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1 COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS2 ABILITIES AND TENURE AND FOR THE JUDICIAL NOM3 INATION COMMISSION

4 SEC. 133. Sections 431(f) and 433(b)(5) of the District

5 of Columbia Self-Government and Governmental Reorga6 nization Act, approved December 24, 1973 (87 Stat. 813;

7 Public Law 93–198; D.C. Code, secs. 11–1524 and title II,

8 App. 433), are amended to read as follows:

9 (a) Section 431(f) (D.C. Code, sec. 11–1524) is

10 amended to read as follows:

11 ‘‘(f) Members of the Tenure Commission shall serve

12 without compensation for services rendered in connection

13 with their official duties on the Commission.’’.

14 (b) Section 433(b)(5)(title 11, App. 433) is

15 amended to read as follows:

16 ‘‘(5) Member of the Commission shall serve with17 out compensation for services rendered in connection

18 with their official duties on the Commission.’’.

19 MULTIYEAR CONTRACTS

20 SEC. 134. Section 451 of the District of Columbia Self21 Government and Governmental Reorganization Act of 1973,

22 approved December 24, 1973 (87 Stat. 803; Public Law 93–

23 198; D.C. Code, sec. 1–1130), is amended by adding a new

24 subsection (c) to read as follows:

25 ‘‘(c)(1) The District may enter into multiyear con26 tracts to obtain goods and services for which funds would
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1 otherwise be available for obligation only within the fiscal

2 year for which appropriated.

3 ‘‘(2) If the funds are not made available for the con4 tinuation of such a contract into a subsequent fiscal year,

5 the contract shall be cancelled or terminated, and the cost

6 of cancellation or termination may be paid from—

7 ‘‘(A) appropriations originally available for the

8 performance of the contract concerned;

9 ‘‘(B) appropriations currently available for pro10 curement of the type of acquisition covered by the

11 contract, and not otherwise obligated; or

12 ‘‘(C) funds appropriated for those payments.

13 ‘‘(3) No contract entered into under this section shall

14 be valid unless the Mayor submits the contract to the Coun15 cil for its approval and the Council approves the contract

16 (in accordance with criteria established by act of the Coun17 cil). The Council shall be required to take affirmative action

18 to approve the contract within 45 calendar days. If no ac19 tion is taken to approve the contract within 45 calendar

20 days, the contract shall be deemed disapproved.’’.

21 CALCULATED REAL PROPERTY TAX RATE RESCISSION AND

22 REAL PROPERTY TAX FREEZE

23 SEC. 135. The District of Columbia Real Property Tax

24 Revision Act of 1974, approved September 3, 1974 (88 Stat.

25 1051; D.C. Code, sec. 47–801 et seq.), is amended as follows:
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1 (1) Section 412 (D.C. Code, sec. 47–812) is

2 amended as follows:

3 (A) Subsection (a) is amended by striking

4 the third and fourth sentences and inserting the

5 following sentences in their place: ‘‘If the Council

6 does extend the time for establishing the rates of

7 taxation on real property, it must establish those

8 rates for the tax year by permanent legislation.

9 If the Council does not establish the rates of tax10 ation of real property by October 15, and does

11 not extend the time for establishing rates, the

12 rates of taxation applied for the prior year shall

13 be the rates of taxation applied during the tax

14 year.’’.

15 (B) A new subsection (a–2) is added to read

16 as follows:

17 ‘‘(a–2) Notwithstanding the provisions of subsection

18 (a) of this section, the real property tax rates for taxable

19 real property in the District of Columbia for the tax year

20 beginning October 1, 1995, and ending September 30, 1996,

21 shall be the same rates in effect for the tax year beginning

22 October 1, 1993, and ending September 30, 1994.’’.

23 (2) Section 413(c) (D.C. Code, sec. 47–815(c)) is

24 repealed.
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1 PRISONS INDUSTRIES

2 SEC. 136. Title 18 U.S.C. 1761(b) is amended by strik3 ing the period at the end and inserting the phrase ‘‘or not

4 for-profit organizations’’ in its place.

5 REPORTS ON REDUCTIONS

6 SEC. 137. Within 120 days of the effective date of this

7 Act, the Mayor shall submit to the Council a report delin8 eating the actions taken by the executive to effect the direc9 tives of the Council in this Act, including—

10 (1) negotiations with representatives of collective

11 bargaining units to reduce employee compensation;

12 (2) actions to restructure existing long-term city

13 debt;

14 (3) actions to apportion the spending reductions

15 anticipated by the directives of this Act to the execu16 tive for unallocated reductions; and

17 (4) a list of any position that is backfilled in18 cluding description, title, and salary of the position.

19 MONTHLY REPORTING REQUIREMENTS—BOARD OF

20 EDUCATION

21 SEC. 138. The Board of Education shall submit to the

22 Congress, Mayor, and Council of the District of Columbia

23 no later than fifteen (15) calendar days after the end of

24 each month a report that sets forth—

25 (1) current month expenditures and obligations,

26 year-to-date expenditures and obligations, and total
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1 fiscal year expenditure projections versus budget bro2 ken out on the basis of control center, responsibility

3 center, ARC, and object class, and for appropriated

4 funds, nonappropriated funds, and capital financing;

5 (2) a breakdown of FTE positions and staff for

6 the most current pay period broken out on the basis

7 of control center, responsibility center, and ARC with8 in each responsibility center, for appropriated funds,

9 nonappropriated funds, and capital funds;

10 (3) a list of each account for which spending is

11 frozen and the amount of funds frozen, broken out by

12 control center, responsibility center, detailed object,

13 and ARC, and for all funding sources;

14 (4) a list of all active contracts in excess of

15 $10,000 annually, which contains; the name of each

16 contractor; the budget to which the contract is charged

17 broken out on the basis of control center, responsibil18 ity center, and ARC; and contract identifying codes

19 used by the District of Columbia Public Schools; pay20 ments made in the last month and year-to-date, the

21 total amount of the contract and total payments made

22 for the contract and any modifications, extensions, re23 newals; and specific modifications made to each con24 tract in the last month;
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1 (5) all reprogramming requests and reports that

2 are required to be, and have been, submitted to the

3 Board of Education; and

4 (6) changes made in the last month to the orga5 nizational structure of the District of Columbia Pub6 lic Schools, displaying previous and current control

7 centers and responsibility centers, the names of the or8 ganizational entities that have been changed, the

9 name of the staff member supervising each entity af10 fected, and the reasons for the structural change.

11 MONTHLY REPORTING REQUIREMENT—UNIVERSITY OF THE

12 DISTRICT OF COLUMBIA

13 SEC. 139. The University of the District of Columbia

14 shall submit to the Congress, Mayor, and Council of the Dis15 trict of Columbia no later than fifteen (15) calendar days

16 after the end of each month a report that sets forth—

17 (1) current month expenditures and obligations,

18 year-to-date expenditures and obligations, and total

19 fiscal year expenditure projections versus budget bro20 ken out on the basis of control center, responsibility

21 center, and object class, and for appropriated funds,

22 nonappropriated funds, and capital financing;

23 (2) a breakdown of FTE positions and all em24 ployees for the most current pay period broken out on

25 the basis of control center and responsibility center,
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1 for appropriated funds, nonappropriated funds, and

2 capital funds.

3 (3) a list of each account for which spending is

4 frozen and the amount of funds frozen, broken out by

5 control center, responsibility center, detailed object,

6 and for all funding sources;

7 (4) a list of all active contracts in excess of

8 $10,000 annually, which contains: the name of each

9 contractor; the budget to which the contract is charged

10 broken out on the basis of control center and respon11 sibility center, and contract identifying codes used by

12 the University of the District of Columbia; payments

13 made in the last month and year-to-date, the total

14 amount of the contract and total payments made for

15 the contract and any modifications, extensions, re16 newals; and specific modifications made to each con17 tract in the last month;

18 (5) all reprogramming requests and reports that

19 have been made by the University of the District of

20 Columbia within the last month in compliance with

21 applicable law; and

22 (6) changes made in the last month to the orga23 nizational structure of the University of the District

24 of Columbia, displaying previous and current control

25 centers and responsibility centers, the names of the or-
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1 ganizational entities that have been changed, the

2 name of the staff member supervising each entity af3 fected, and the reasons for the structural change.

4 SEC. 140. None of the Federal funds appropriated

5 under this Act shall be used to implement or enforce any

6 system of registration of unmarried, cohabiting couples

7 whether they are homosexual, lesbian, heterosexual, includ8 ing but not limited to registration for the purpose of extend9 ing employment, health, or governmental benefits to such

10 couples on the same basis that such benefits are extended

11 to legally married couples; nor shall any funds made avail12 able pursuant to any provision of this Act otherwise be used

13 to implement or enforce D.C. Act 9–188, signed by the

14 Mayor of the District of Columbia on April 15, 1992.

15 ANNUAL REPORTING REQUIREMENTS

16 SEC. 141. (a) The Board of Education of the District

17 of Columbia and the University of the District of Columbia

18 shall annually compile an accurate and verifiable report

19 on the positions and employees in the public school system

20 and the university, respectively. The annual report shall set

21 forth—

22 (1) the number of validated schedule A positions

23 in the District of Columbia Public Schools and the

24 University of the District of Columbia for fiscal year

25 1995, fiscal year 1996, and thereafter on full-time

26 equivalent basis, including a compilation of all posi-
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1 tions by control center, responsibility center, funding

2 source, position type, position title, pay plan, grade,

3 and annual salary; and

4 (2) a compilation of all employees in the District

5 of Columbia Public Schools and the University of the

6 District of Columbia as of the preceding December 31,

7 verified as to its accuracy in accordance with the

8 functions that each employee actually performs, by

9 control center, responsibility center, agency reporting

10 code, program (including funding source), activity,

11 location for accounting purposes, job title, grade and

12 classification, annual salary, and position control

13 number.

14 (b) The annual report required by subsection (a) of

15 this section shall be submitted to the Congress, the Mayor

16 and Council of the District of Columbia, by not later than

17 February 8 of each year.

18 ANNUAL BUDGETS AND BUDGET REVISIONS

19 SEC. 142. (a) Not later than October 1, 1995, or within

20 15 calendar days after the date of the enactment of the Dis21 trict of Columbia Appropriations Act, 1996, whichever oc22 curs first, and each succeeding year, the Board of Education

23 and the University of the District of Columbia shall submit

24 to the Congress, the Mayor, and Council of the District of

25 Columbia, a revised appropriated funds operating budget

26 for the public school system and the University of the Dis-
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1 trict of Columbia for such fiscal year that is in the total

2 amount of the approved appropriation and that realigns

3 budgeted data for personal services and other than personal

4 services, respectively, with anticipated actual expenditures.

5 (b) The revised budget required by subsection (a) of

6 this section shall be submitted in the format of the budget

7 that the Board of Education and the University of the Dis8 trict of Columbia submit to the Mayor of the District of

9 Columbia for inclusion in the Mayor’s budget submission

10 to the Council of the District of Columbia pursuant to sec11 tion 442 of the District of Columbia Self-Government and

12 Governmental Reorganization Act, Public Law 93–198, as

13 amended (D.C. Code, sec. 47–301).

14 BUDGET APPROVAL

15 SEC. 143. The Board of Education, the Board of Trust16 ees of the University of the District of Columbia, the Board

17 of Library Trustees, and the Board of Governors of the D.C.

18 School of Law shall vote on and approve their respective

19 annual or revised budgets before submission to the Mayor

20 of the District of Columbia for inclusion in the Mayor’s

21 budget submission to the Council of the District of Columbia

22 in accordance with section 442 of the District of Columbia

23 Self-Government and Governmental Reorganization Act,

24 Public Law 93–198, as amended (D.C. Code, sec. 47–301),

25 or before submitting their respective budgets directly to the

26 Council.
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1 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

2 SEC. 144. Notwithstanding any other provision of law,

3 rule, or regulation, the evaluation process and instruments

4 for evaluating District of Columbia Public Schools employ5 ees shall be a non-negotiable item for collective bargaining

6 purposes.

7 POSITION VACANCIES

8 SEC. 145. (a) No agency, including an independent

9 agency, shall fill a position wholly funded by appropria10 tions authorized by this Act, which is vacant on October

11 1, 1995, or becomes vacant between October 1, 1995, and

12 September 30, 1996, unless the Mayor or independent agen13 cy submits a proposed resolution of intent to fill the vacant

14 position to the Council. The Council shall be required to

15 take affirmative action on the Mayor’s resolution within 30

16 legislative days. If the Council does not affirmatively ap17 prove the resolution within 30 legislative days, the resolu18 tion shall be deemed disapproved.

19 (b) No reduction in the number of full-time equivalent

20 positions or reduction-in-force due to privatization or con21 tracting out shall occur if the District of Columbia Finan22 cial Responsibility and Management Assistance Authority,

23 established by section 101(a) of the District of Columbia

24 Financial Responsibility and Management Assistance Act

25 of 1995, approved April 17, 1995 (109 Stat. 97; Public Law

26 104–8), disallows the full-time equivalent position reduction
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1 provided in this Act in meeting the maximum ceiling of

2 39,778 for the fiscal year ending September 30, 1996.

3 (c) This section shall not prohibit the appropriate per4 sonnel authority from filling a vacant position with a Dis5 trict government employee currently occupying a position

6 that is funded with appropriated funds.

7 (d) This section shall not apply to local school-based

8 teachers, school-based officers, or school-based teachers’

9 aides.

10 CAPITAL PROJECT EMPLOYEES

11 SEC. 146. (a) Not later than 15 days after the end of

12 every fiscal quarter (beginning October 1, 1995), the Mayor

13 shall submit to the Council and the Committees on Appro14 priations of the Senate and House of Representatives a re15 port with respect to the employees on the capital project

16 budget for the previous quarter.

17 (b) Each report submitted pursuant to subsection (a)

18 of this section shall include the following information—

19 (1) a list of all employees by position, title,

20 grade and step;

21 (2) a job description, including the capital

22 project for which each employee is working;

23 (3) the date that each employee began working

24 on the capital project and the ending date that each

25 employee completed or is projected to complete work

26 on the capital project; and
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1 (4) a detailed explanation justifying why each

2 employee is being paid with capital funds.

3 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN4 FORCE PROCEDURES

5 SEC. 147. The District of Columbia Government Com6 prehensive Merit Personnel Act of 1978, effective March 3,

7 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

8 is amended as follows:

9 (a) Section 301 (D.C. Code, sec. 1.603.1) is

10 amended as follows:

11 (1) A new paragraph (13A) is added to

12 read as follows:

13 ‘‘(13A) ‘Nonschool-based personnel’ means any

14 employee of the District of Columbia Public Schools

15 who is not based at a local school or who does not

16 provide direct services to individual students.’’.

17 (2) A new paragraph (15A) is added to

18 read as follows:

19 ‘‘(15A) ‘School administrators’ means prin20 cipals, assistant principals, school program directors,

21 coordinators, instructional supervisors, and support

22 personnel of the District of Columbia Public

23 Schools.’’.

24 (b) Section 801A(b)(2) (D.C. Code, sec.

25 1–609.1(b) (2 )) is amended as follows:
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1 (1) By striking the semicolon at the end of

2 subparagraph (L).

3 (2) By adding a new subparagraph (L–i) to

4 read as follows:

5 ‘‘(L–i) Notwithstanding any other provision

6 of law, the Board of Education shall not issue

7 rules that require or permit nonschool-based per8 sonnel or school administrators to be assigned or

9 reassigned to the same competitive level as class10 room teachers;’’

11 (c) Section 2402 (D.C. Code, sec. 1–625.2) is

12 amended by adding a new subsection (f) to read as

13 follows:

14 ‘‘(f) Notwithstanding any other provision of law, the

15 Board of Education shall not require or permit non-school

16 based personnel or school administrators to be assigned or

17 reassigned to the same competitive level as classroom teach18 ers.’’.

19 SEC. 148. (a) Notwithstanding any other provision of

20 law, rule, or regulation, an employee of the District of Co21 lumbia Public Schools shall be—

22 (1) classified as an Educational Service em23 ployee;

24 (2) placed under the personnel authority of the

25 Board of Education; and
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1 (3) subject to all Board of Education rules.

2 (b) School-based personnel shall constitute a separate

3 competitive area from non-school based personnel who shall

4 not compete with school-based personnel for retention pur5 poses.

6 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

7 SEC. 149. The District of Columbia Government Com8 prehensive Merit Personnel Act of 1978, effective March 3,

9 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

10 is amended as follows:

11 (a) Section 2401 (D.C. Code, sec. 1–625.1) is

12 amended by amending the third sentence to read as

13 follows: ‘‘A personnel authority may establish lesser

14 competitive areas within an agency on the basis of all

15 or a clearly identifiable segment of an agency’s mis16 sion or a division or major subdivision of an agen17 cy.’’.

18 (b) A new section 2406 is added to read as fol19 lows:

20 ‘‘SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR

21 1996.

22 ‘‘(a) Notwithstanding any other provision of law, regu23 lation, or collective bargaining agreement either in effect

24 or to be negotiated while this legislation is in effect for the

25 fiscal year ending September 30, 1996, each agency head
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1 is authorized, within the agency head’s discretion, to iden2 tify positions for abolishment.

3 ‘‘(b) Prior to February 1, 1996, each personnel author4 ity shall make a final determination that a position within

5 the personnel authority is to be abolished.

6 ‘‘(c) Notwithstanding any rights or procedures estab7 lished by any other provision of this title, any District gov8 ernment employee, regardless of date of hire, who encumbers

9 a position identified for abolishment shall be separated

10 without competition or assignment rights, except as pro11 vided in this section.

12 ‘‘(d) An employee effected by the abolishment of a posi13 tion pursuant to this section who, but for this section would

14 be entitled to compete for retention, shall be entitled to one

15 round of lateral competition pursuant to Chapter 24 of the

16 District of Columbia Personnel Manual, which shall be lim17 ited to positions in the employee’s competitive level.

18 ‘‘(e) Each employee who is a bona fide resident of the

19 District of Columbia shall have added 5 years to his or her

20 creditable service for reduction-in-force purposes. For pur21 poses of this subsection only, a nonresident District em22 ployee who was hired by the District government prior to

23 January 1, 1980, and has not had a break in service since

24 that date, or a former employee of the U.S. Department of

25 Health and Human Services at Saint Elizabeths Hospital
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1 who accepted employment with the District government on

2 October 1, 1987, and has not had a break in service since

3 that date, shall be considered a District resident.

4 ‘‘(f) Each employee selected for separation pursuant to

5 this section shall be given written notice of at least 30 days

6 before the effective date of his or her separation.

7 ‘‘(g) Neither the establishment of a competitive area

8 smaller than an agency, nor the determination that a spe9 cific position is to be abolished, nor separation pursuant

10 to this section shall be subject to review except as follows:

11 ‘‘(1) An employee may file a complaint contest12 ing a determination or a separation pursuant to title

13 XV of this Act or section 303 of the Human Rights

14 Act of 1977, effective December 13, 1977 (D.C. Law

15 2–38; D.C. Code, sec. 1–2543); and

16 ‘‘(2) An employee may file with the Office of

17 Employee Appeals an appeal contesting that the sepa18 ration procedures of subsections (d) and (f) of this

19 section were not properly applied.

20 ‘‘(h) An employee separated pursuant to this section

21 shall be entitled to severance pay in accordance with title

22 XI of this Act, except that the following shall be included

23 in computing creditable service for severance pay for em24 ployees separated pursuant to this section:
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1 ‘‘(1) Four years for an employee who qualified

2 for veteran’s preference under this Act, and

3 ‘‘(2) Three years for an employee who qualified

4 for residency preference under this Act.

5 ‘‘(i) Separation pursuant to this section shall not af6 fect an employee’s rights under either the Agency Reemploy7 ment Priority Program or the Displaced Employee Pro8 gram established pursuant to Chapter 24 of the District

9 Personnel Manual.

10 ‘‘(j) The Mayor shall submit to the Council a listing

11 of all positions to be abolished by agency and responsibility

12 center by March 1, 1996, or upon the delivery of termi13 nation notices to individual employees.

14 ‘‘(k) Notwithstanding the provisions of section 1708 or

15 section 2402(d), the provisions of this act shall not be

16 deemed negotiable.

17 ‘‘(l) A personnel authority shall cause a 30-day termi18 nation notice to be served, no later than September 1, 1996,

19 on any incumbent employee remaining in any position

20 identified to be abolished pursuant to subsection (b) of this

21 section.’’.
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1 DELAY IN CONVEYANCE OF PROPERTY TO COLUMBIA HOS2 PITAL FOR WOMEN FOR NATIONAL WOMEN’S HEALTH

3 RESOURCE CENTER

4 SEC. 150. Effective as if included in the enactment of

5 Public Law 103–67, section 1(c)(1) of Public Law 103–67

6 (107 Stat. 687) is amended by striking ‘‘1 year’’ and insert7 ing ‘‘3 years’’.

8 This title may be cited as the ‘‘District of Columbia

9 Appropriations Act, 1996’’.

10 TITLE II—DISTRICT OF COLUM11 BIA SCHOOLS IMPROVEMENT

12 ACT

13 Subtitle A—Establishment and Or14 ganization of Commission on

15 Consensus Reform in the District

16 of Columbia Public Schools

17 SEC. 201. DEFINITIONS.

18 For purposes of this subtitle—

19 (1) COMMISSION.—The term ‘‘Commission’’

20 means the Commission on Consensus Reform in the

21 District of Columbia Public Schools.

22 (2) BOARD OF EDUCATION OR BOARD.—The term

23 ‘‘Board of Education’’ or ‘‘Board’’ means the Board

24 of Education of the District of Columbia.
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1 (3) AUTHORITY.—The term ‘‘Authority’’ means

2 the District of Columbia Financial Responsibility

3 and Management Assistance Authority.

4 (4) EDUCATIONAL PLAN.—The term ‘‘Edu5 cational Plan’’ means the System-Wide Educational

6 Reform Goals and Objectives Plan developed and im7 plemented under this Act.

8 (5) MAYOR.—The term ‘‘Mayor’’ means the

9 Mayor of the District of Columbia.

10 (6) COUNCIL.—The term ‘‘Council’’ means the

11 Council of the District of Columbia.

12 SEC. 202. COMMISSION ON CONSENSUS REFORM IN THE

13 DISTRICT OF COLUMBIA PUBLIC SCHOOLS.

14 (a) ESTABLISHMENT.—

15 (1) IN GENERAL.—There is hereby established the

16 Commission on Consensus Reform in the District of

17 Columbia Public Schools, consisting of 7 members to

18 be appointed in accordance with paragraph (2).

19 (2) MEMBERSHIP.—The Commission shall con20 sist of the following members:

21 (A) 1 member to be appointed by the Presi22 dent chosen from a list of 3 proposed members

23 submitted by the Majority Leader of the Senate;

24 (B) 1 member to be appointed by the Presi25 dent chosen from a list of 3 proposed members
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1 submitted by the Speaker of the House of Rep2 resentatives;

3 (C) 2 members to be appointed by the Presi4 dent, 1 who shall represent the local business

5 community and 1 who is a teacher in the Dis6 trict of Columbia public schools.

7 (D) The President of the District of Colum8 bia Congress of Parents and Teachers.

9 (E) The President of the District of Colum10 bia Board of Education.

11 (F) The Superintendent of Public Schools of

12 the District of Columbia.

13 (G) The Mayor and Council Chairman shall

14 each name one non-voting ex-officio member.

15 (H) The Chief of the National Guard Bu16 reau who shall be an ex officio member.

17 (3) TERMS OF SERVICE.—The members of the

18 Commission appointed under subparagraphs (A), (B),

19 and (C) of paragraph (2) shall appointed for a term

20 of 3 years.

21 (4) VACANCIES.—Any vacancy in the member22 ship of the Commission shall be filled by the appoint23 ment of a new member in the same manner as pro24 vided for the vacated membership. A member ap-
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1 pointed under this paragraph shall serve the remain2 ing term of the vacated membership.

3 (5) QUALIFICATIONS.—Members of the Commis4 sion appointed under subparagraphs (A), (B), and

5 (C) of paragraph (2) shall be city residents with a

6 knowledge of education.

7 (6) CHAIR.—The chair of the Commission shall

8 be chosen by the Commission from among its mem9 bers, except that the President of the Board of Edu10 cation and the Superintendent of Public Schools shall

11 not be eligible to serve as chair.

12 (7) NO COMPENSATION FOR SERVICE.—Members

13 of the Commission shall serve without pay, but may

14 receive reimbursement for any reasonable and nec15 essary expenses incurred by reason of service on the

16 Commission.

17 (b) EXECUTIVE DIRECTOR.—The Commission shall

18 have an Executive Director who shall be appointed by the

19 Chair with the consent of the Commission. The Executive

20 Director shall be paid at a rate determined by the Commis21 sion, except that such rate may not exceed the highest rate

22 of pay payable for level EG16 of the Educational Service.

23 (c) STAFF.—With the approval of the Chair, the Exec24 utive Director may appoint and fix the pay of additional

25 personnel as the Executive Director considers appropriate,
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1 except that no individual appointed by the Executive Direc2 tor may be paid at a rate greater than the rate of pay for

3 the Executive Director.

4 (d) The Board shall reprogram such funds, as the

5 chairman of the Commission shall in writing request, from

6 amounts available to the Board.

7 SEC. 203. GENERAL POWERS.

8 (a) IN GENERAL.—The Commission shall have the fol9 lowing powers:

10 (1) Financial control over the District of Colum11 bia public schools exercised through the Authority.

12 (2) To approve and monitor the development

13 and implementation of the Board’s Educational Plan.

14 (3) To exercise its authority, as provided in this

15 subtitle, as necessary to facilitate implementation of

16 the Board’s Educational Plan.

17 (4) To promulgate rules concerning the manage18 ment and direction of the Board, as deemed nec19 essary, to address obstacles to the development or im20 plementation of the Educational Plan.

21 (b) LIMITATION.—Except as otherwise provided in this

22 subtitle, the Commission shall have no powers to involve

23 itself in the management or operation of the Board in the

24 implementation of the Educational Plan.
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1 SEC. 204. SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND

2 OBJECTIVES PLAN.

3 (a) BOARD PLAN.—The Board shall develop, adopt,

4 and submit to the Commission on or before March 1, 1996,

5 a System-Wide Educational Reform Goals and Objectives

6 Plan with respect to the 1996–1997 school year. Thereafter,

7 the Board shall develop, adopt and submit to the Commis8 sion on or before March 1 of each year an Educational Plan

9 for the coming school year. The Board shall have an Edu10 cational Plan for every year.

11 (b) COMMISSION APPROVAL.—The Commission shall

12 approve or reject, in whole or in part, the Educational Plan

13 submitted to it by the Board within 30 days of its receipt.

14 No Educational Plan shall have force or effect without ap15 proval of the Commission.

16 (c) DEVELOPMENT AND CENTERS FOR APPROVAL

17 PLAN.—Each Educational Plan shall be developed, submit18 ted, approved, and monitored in accordance with the follow19 ing procedures:

20 (1) Each Educational Plan shall include specific

21 provisions designed to accomplish the following objec22 tives and reflect the cumulative effect of the Local

23 School Restructuring Team (LSRT) in terms of stu24 dent needs, financial requirements, and timeliness for

25 implementation:
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1 (A) To ensure, to the extent possible with

2 available categorical funds designated for this

3 purpose, the provision of education services to all

4 eligible children for the 1997–1998 school year

5 and thereafter.

6 (B) To increase the level of parental in7 volvement in the education of their children.

8 (C) To enhance the range of authority, re9 sponsibility, and accountability of principals.

10 (D) To restructure the relationship of the

11 Board and its administrative staff to local

12 schools so that the relationship is characterized

13 by less centralized control.

14 (E) To ensure that all personnel have access

15 to appropriate training opportunities.

16 (F) To ensure the provision of sufficient

17 staff and facility resources for compliance with

18 court orders.

19 (G) To ensure the equitable distribution

20 among the schools and programs of funds budg21 eted by the Board in accordance with applicable

22 laws, rules and regulations.

23 (H) To ensure that more schools are given

24 the opportunity to operate with more autonomy.
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1 (I) To ensure a new, fair, demanding eval2 uation process and more and better opportunities

3 for teacher preparation.

4 (J) To generate a sense of urgency in the

5 business and philanthropic community and en6 list them in targeted support for very particular,

7 concrete school reform goals.

8 (K) To address the school governance issue,

9 and to recommend, within 1 year from the date

10 of the appointment of the members of the Com11 mission constituting a quorum, to the Council,

12 the Mayor, and the relevant committees of the

13 Congress an alternative to the current structure

14 that will eliminate the division of responsibility

15 and accountability among the Board of Edu16 cation, the District Council and the Mayor.

17 (2) Each Educational Plan shall include specific

18 provisions to ensure the best possible utilization of

19 public school space, including provisions—

20 (A) to prepare a plan for adaptive reuse of

21 schools and consolidation;

22 (B) to develop a five-year capital improve23 ment plan to carry out an approved facilities

24 master plan which provides for a system-wide

25 modernization of public schools;
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1 (C) to institute management systems to sup2 port the implementation of the capital plan, in

3 consultation and cooperation with the Mayor

4 and Authority; and

5 (D) to identify and develop revenue sources

6 for the approved capital improvement plan.

7 SEC. 205. ELEMENTS OF THE SYSTEM-WIDE EDUCATIONAL

8 REFORM GOALS AND OBJECTIVES PLAN.

9 (a) PLAN GOALS.—Each Educational Plan shall con10 tain a detailed description, including estimates of financial

11 costs and expected dates of completion, of—

12 (1) the Board’s school reform goals and objec13 tives;

14 (2) the Board’s strategy for implementing its

15 school reform goals and objectives;

16 (3) the Board’s plans and strategy for imple17 menting applicable District laws enacted to affect

18 school reform;

19 (4) the Board’s strategy for developing and im20 plementing district-wide guidelines, rules, and proce21 dures with respect to local school decision making as

22 provided by applicable District law enacted as part

23 of any school reform legislation;

24 (5) the Board’s goals and objectives for the 2-

25 year period subsequent to the school year for which
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1 the Educational Plan applies, as prescribed by the

2 Commission; and

3 (6) such other information and detail as may be

4 prescribed by the Commission.

5 (b) STANDARDS AND PROCEDURES.—The Commission

6 may prescribe any reasonable time, standards, procedures,

7 or forms for preparation and submission of the Educational

8 Plan.

9 (c) APPROVAL CRITERIA.—The Commission shall ap10 prove an Educational Plan submitted by the Board if, in

11 the Commission’s judgment, the Educational Plan is—

12 (1) complete;

13 (2) reasonably capable of being achieved;

14 (3) supported by demonstrably sufficient and

15 available funding;

16 (4) responsive to any Commission directives or

17 requirements;

18 (5) consistent with applicable District laws en19 acted to affect school reform; and

20 (6) reasonably capable of achieving substantial

21 progress toward improving the educational achieve22 ment of the students and is consistent with the Bring23 ing Educational Services to Students (BESST) agen24 da, the District of Columbia Reform Agenda, and the

25 District of Columbia Public Schools Goals 2000 Plan.
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1 (d) REJECTION AND REVISION.—If the Commission re2 jects an Educational Plan submitted by the Board, the

3 Commission may prescribe a procedure and standards for

4 revision and resubmission of the Educational Plan by the

5 Board. If, within 60 days after the Commission notifies the

6 Board of the Commission’s rejection of the Board’s Edu7 cational Plan and of the procedures and standards for revi8 sion and resubmission, the Board fails to approve and re9 submit a revised plan acceptable to the Commission, the

10 Commission may make revisions and adopt a final Edu11 cational Plan and direct the Superintendent to implement.

12 (e) REPORTING REQUIREMENTS.—The Board shall re13 port to the Commission, at such times and in such manner

14 as the Commission may direct, concerning the Board’s im15 plementation of each approved Educational Plan. The Com16 mission may review the Board’s operations, obtain edu17 cational and financial data, require the Board to produce

18 reports, and have access to any other information in the

19 possession of the Board that it deems relevant. The Commis20 sion may issue recommendations or directives within its

21 powers to the Board for the implementation of the approved

22 Educational Plan. The Board shall produce such reports

23 and other information and comply with such directives.

24 (f) NOTICE OF MODIFICATION.—After approval of each

25 Educational Plan, the Board shall promptly notify the
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1 Commission of any material change in any matter con2 tained in the approved Educational Plan. The Board may

3 submit to the Commission or the Commission may require

4 the Board to submit, a modified Educational Plan based

5 upon revised information. The Commission shall approve

6 or reject each modified Educational Plan pursuant to sub7 section (c).

8 SEC. 206. CONSISTENCY WITH SYSTEM-WIDE EDUCATIONAL

9 REFORM GOALS AND OBJECTIVES PLAN.

10 (a) LIMITS ON CONTRACTING.—The Board shall not

11 enter into any contract, agreement, or other obligation un12 less it is consistent with the Educational Plan in effect.

13 (b) COMMISSION AUTHORITY OVER CONTRACTING.—

14 The Commission shall have no power to impair any exist15 ing contract or obligation of the Board; except, however,

16 that the Commission may direct the Board to modify or

17 amend the Board rules or policies that the Commission

18 deems necessary to facilitate development or implementa19 tion of the Educational Plan.

20 (c) REVIEW OF CONTRACTS.—The Commission may

21 request that the Authority review proposed or existing con22 tracts or leases pursuant to section 203(b) of the District

23 of Columbia Financial Responsibility and Management As24 sistance Act of 1995 (Public Law 104–8; 109 Stat. 118).
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1 SEC. 207. EDUCATIONAL PERFORMANCE AUDITS.

2 The Commission may examine and audit records of

3 the Board or require the Board to examine and audit its

4 records at such time and in such manner as the Commis5 sion may prescribe to assure, monitor, and evaluate the per6 formance of the Board with respect to compliance with an

7 approved Educational Plan and its overall educational

8 achievement. The Commission shall conduct an annual

9 audit of the educational performance of the Board with re10 spect to meeting the goals of the Educational Plan for such

11 year. The audit technique, content, and procedures shall be

12 determined by the Commission. The Board shall cooperate

13 and assist in the audit as requested by the Commission.

14 SEC. 208. INVESTIGATIVE POWERS.

15 The Commission may investigate any action or activ16 ity which may hinder the progress of any part of an ap17 proved Educational Plan. The Board shall cooperate and

18 assist the Commission in any investigation. Reports of the

19 findings of any such investigation shall be provided to the

20 Board, Superintendent of the District of Columbia Public

21 Schools, the Mayor, the Council, the Authority, the Commit22 tees on Appropriations of the Senate and House of Rep23 resentatives.

24 SEC. 209. RECOMMENDATIONS OF THE COMMISSION.

25 (a) IN GENERAL.—The Commission may at any time

26 submit recommendations to the Board, Mayor, the Council,
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1 and the Congress on actions the District government or the

2 Federal Government should take to ensure implementation

3 of the approved Educational Plan.

4 (b) RESPONSE TO RECOMMENDATIONS FOR ACTIONS

5 WITHIN AUTHORITY OF THE BOARD OF EDUCATION.—

6 (1) IN GENERAL.—In the case of any rec7 ommendations submitted under subsection (a) which

8 are within the authority of the District of Columbia

9 government to adopt, not later than 90 days after re10 ceiving the recommendations, the Board, shall submit

11 a statement to the Commission which provides notice

12 as to whether the Board will adopt the recommenda13 tions.

14 (2) IMPLEMENTATION PLAN REQUIRED FOR

15 ADOPTED RECOMMENDATIONS.—If the Board notifies

16 the Commission under paragraph (1) that the Board

17 will adopt any of the recommendations submitted

18 under subsection (a), the Board shall include in the

19 statement a written plan to implement the rec20 ommendation which includes—

21 (A) specific performance measures to deter22 mine the extent to which the Board has adopted

23 the recommendation; and

24 (B) a schedule for auditing the Board’s

25 compliance with the plan.
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1 (3) EXPLANATIONS REQUIRED FOR REC2 OMMENDATIONS NOT ADOPTED.—If the Board notifies

3 the Commission under paragraph (1) that the Board

4 will not adopt any recommendation submitted under

5 subsection (a) which the Board has authority to

6 adopt, the Board shall include in the statement expla7 nations for the rejection of the recommendations.

8 (4) COMMISSION REACTION TO NONRESPONSE

9 FROM BOARD OR REJECTION OF RECOMMENDATION.—

10 (A) In the instance where there is no response from

11 the Board at the end of 90 days the Commission shall

12 immediately notify, including the written rec13 ommendation submitted under subsection (a) to the

14 Board, the other elements of the District of Columbia

15 government and the Committee on Governmental Af16 fairs of the Senate, the Committee on Government Re17 form and Oversight of the House of Representatives,

18 and the Committees on Appropriations of the Senate

19 and the House of Representatives.

20 (B) The Commission may then direct the Super21 intendent to carry out such recommendation.

22 SEC. 210. VACANCY IN SUPERINTENDENT OF PUBLIC

23 SCHOOLS.

24 (a) Notwithstanding any other provision of law, the

25 Board shall notify the Commission within 10 days of the
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1 occurrence of a vacancy in the Superintendent of Public

2 Schools.

3 (b) Upon receipt of the notice described in (a) the Com4 mission shall, as soon as is practicable, conduct a search

5 for candidates for the office of Superintendent of Public

6 Schools and submit the names of 3 candidates to the Board.

7 (c) Within 30 days of the receipt of the names described

8 in (b) the Board shall choose one to be the Superintendent

9 of the District of Columbia Public Schools.

10 SEC. 211. IMPROVING ORDER AND DISCIPLINE.

11 (a) DRESS CODE.—

12 (1) IN GENERAL.—Not later than the first day of

13 the 1996-1997 school year, the Commission shall de14 velop and implement, through the Board of Education

15 and the Superintendent of Schools, a uniform dress

16 code for the District of Columbia Public Schools.

17 (2) CONSIDERATIONS.—The dress code—

18 (A) shall include a prohibition of gang

19 membership symbols;

20 (B) shall take into account the relative costs

21 of any policy for each student; and

22 (C) may include a requirement that stu23 dents wear uniforms.

24 (b) COMMUNITY SERVICE REQUIREMENT FOR SUS25 PENDED STUDENTS.—
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1 (1) IN GENERAL.—Any student suspended from

2 classes at a District of Columbia Public School who

3 is required to serve the suspension outside the school

4 shall perform community service for the period of sus5 pension. The community service required by this sub6 section shall be subject to rules and regulations pro7 mulgated by the Mayor.

8 (2) EFFECTIVE DATE.—This subsection shall take

9 effect beginning on the first day of the 1996-1997

10 school year.

11 (c) EXPIRATION DATE.—This section and the member12 ship provided in section 202(a)(2)(H) shall expire on the

13 last day of the 1997–1998 school year.

14 (d) REPORT.—The Commission shall study the effec15 tiveness of the policies implemented pursuant to this section

16 in improving order and discipline in schools and report

17 its findings to the appropriate committees of Congress 60

18 days before the last day of the 1997–1998 school year.

19 SEC. 212. EXPIRATION DATE.

20 This subtitle shall expire on September 30, 2016.

21 Subtitle B—Charter Schools

22 SEC. 213. PURPOSE.

23 The purpose of this subtitle is to permit the District

24 of Columbia to establish charter schools to improve the edu-
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1 cation of students and encourage community involvement

2 in education.

3 SEC. 214. DEFINITIONS.

4 For purposes of this subtitle—

5 (1) CHARTER SCHOOL.—The term ‘‘charter

6 school’’ means a public school that—

7 (A) operates under a charter granted for a

8 period of 5 years by the Commission on Consen9 sus Reform in the District of Columbia Public

10 Schools or the Board of Education of the District

11 of Columbia and functions independently of the

12 D.C. Public Schools as a local education agency

13 and is exempted from significant local rules that

14 inhibit the flexible operation and management of

15 public schools, but not from any rules relating to

16 other requirements under this subtitle;

17 (B) is created by a developer as a public

18 school, or is adapted by a developer from an ex19 isting public school, or an existing non-Public

20 School, and is operated under public supervision

21 and direction;

22 (C) operates in pursuit of a specific set of

23 educational objectives determined by the school’s

24 developer and agreed to by the authorized public

25 chartering agency;
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1 (D) provides a program of elementary or

2 secondary or both;

3 (E) is nonsectarian in its programs, admis4 sions policies, employment practices, and all

5 other operations, and is not affiliated with a sec6 tarian school or religious institution;

7 (F) does not charge tuition;

8 (G) is governed by a Board of Trustees;

9 (H) complies with the Age Discrimination

10 Act of 1975, title VI of the Civil Rights Act of

11 1964, title IX of the Education Amendments of

12 1972, section 504 of the Rehabilitation Act of

13 1973, and part B of the Individuals With Dis14 abilities Education Act;

15 (I) admits students on the basis of a lottery,

16 if more students apply for admission than can

17 be accommodated;

18 (J) agrees to comply with the same Federal

19 and District of Columbia audit requirements as

20 do other elementary and secondary schools in the

21 District of Columbia, unless such requirements

22 are specifically waived for the purpose of this

23 program; and

24 (K) meets all applicable Federal and local

25 health and safety requirements.
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1 (2) DEVELOPER.—The term ‘‘developer’’ means

2 an individual or group of individuals (including a

3 public or private organization) which may include

4 teachers, administrators and other school staff, par5 ents, or other members of the local community in

6 which a charter school project will be carried out.

7 (3) ELIGIBLE APPLICANT.—The term ‘‘eligible

8 applicant’’ means an authorized public chartering

9 agency participating in a partnership with a devel10 oper to establish a charter school.

11 (4) PUBLIC CHARTERING AGENCY.—The term

12 ‘‘public chartering agency’’ means the Commission on

13 Consensus Public School Reform and the District of

14 Columbia Board of Education.

15 SEC. 215. APPLICATION.

16 (a) IN GENERAL.—A petition for a public school char17 ter shall be a written proposed agreement between an eligi18 ble applicant seeking to establish a public charter school

19 and an eligible chartering agency.

20 (b) CONTENTS OF APPLICATION.—The application

21 shall contain—

22 (1) a description of the objectives of the Local

23 Educational Agency’s charter school grant program

24 and a description of how such objectives will be ful25 filled, including steps taken by the local educational
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1 agency to inform teachers, parents, and communities

2 of the local educational agency’s charter school grant

3 program;

4 (2) a description of how the program will enable

5 all students to meet challenging student performance

6 standards as established by the local educational

7 agency;

8 (3) the grade levels or ages of children to be

9 served;

10 (4) the curriculum and instructional practices to

11 be used;

12 (5) a description as to how the charter school

13 will be managed;

14 (6) a description of the charter school’s objectives

15 and the methods by which the charter school will de16 termine its progress toward achieving those objectives;

17 (7) a description of the administrative relation18 ship between the charter school and the authorized

19 public chartering agency;

20 (8) a description of how parents and other mem21 bers of the community will be involved in the design

22 and implementation of the charter school;

23 (9) a request and justification for waivers of any

24 Federal statutory or regulatory provisions that the

25 applicant believes are necessary for the successful op-
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1 eration of the charter school, and a description of any

2 local rules, generally applicable to public schools, that

3 will be waived for, or otherwise not apply, to the

4 school;

5 (10) a description of how students in the commu6 nity will be informed about the charter school and

7 given an equal opportunity to attend the charter

8 school; and

9 (11) an assurance that the eligible applicant will

10 annually provide the Secretary of Education, the

11 Congress, and the local educational agency such infor12 mation as may be required to determine if the charter

13 school is making satisfactory progress.

14 SEC. 216. SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.

15 Charter schools shall be selected by the public charter16 ing agency by taking the following factors into consider17 ation:

18 (1) The quality of the proposed curriculum and

19 instructional practices.

20 (2) The degree of flexibility afforded by the local

21 educational agency.

22 (3) The extent of community support for the ap23 plication.

24 (4) The ambitiousness of the objectives for the

25 charter school.
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1 (5) The quality of the strategy for assessing

2 achievement of those objectives.

3 (6) The likelihood that the charter school will

4 meet those objectives and improve educational results

5 for students.

6 TITLE III—MISCELLANEOUS

7 PROVISIONS

8 SEC. 301. None of the funds provided in this Act may

9 be used directly or indirectly for the renovation of the prop10 erty located at 227 7th Street Southeast (commonly known

11 as Eastern Market), except that funds provided in this Act

12 may be used for the regular maintenance and upkeep of

13 the current structure and grounds located at such property.

14 SEC. 302. ENERGY SAVINGS AT DISTRICT OF COLUMBIA FA15 CILITIES.

16 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

17 (1) IN GENERAL.—The head of each agency of

18 the District of Columbia for which funds are made

19 available under this Act shall—

20 (A) take all actions necessary to achieve

21 during fiscal year 1996 a 5 percent reduction,

22 from fiscal year 1995 levels, in the energy costs

23 of the facilities used by the agency; or

24 (B) enter into a sufficient number of energy

25 savings performance contracts with private sec-
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1 tor energy service companies under title VIII of

2 the National Energy Conservation Policy Act (42

3 U.S.C. 8287 et seq.) to achieve during fiscal year

4 1996 at least a 5 percent reduction, from fiscal

5 year 1995 levels, in the energy use of the facili6 ties used by the agency.

7 (2) GOAL.—The activities described in para8 graph (1) should be a key component of agency pro9 grams that will by the year 2000 result in a 20 per10 cent reduction, from fiscal year 1985 levels, in the en11 ergy use of the facilities used by the agency, as re12 quired by section 543 of the National Energy Con13 servation Policy Act (42 U.S.C. 8253).

14 (b) USE OF COST SAVINGS.—An amount equal to the

15 amount of cost savings realized by an agency under sub16 section (a) shall remain available for obligation through the

17 end of fiscal year 2000, without further authorization or

18 appropriation, as follows:

19 (1) CONSERVATION MEASURES.—Fifty percent of

20 the amount shall remain available for the implemen21 tation of additional energy conservation measures

22 and for water conservation measures at such facilities

23 used by the agency as are designated by the head of

24 the agency.
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1 (2) OTHER PURPOSES.—Fifty percent of the

2 amount shall remain available for use by the agency

3 for such purposes as are designated by the head of the

4 agency, consistent with applicable law.

5 (c) REPORTS.—

6 (1) BY AGENCY HEADS.—The head of each agen7 cy for which funds are made available under this Act

8 shall include in each report of the agency to the Sec9 retary of Energy under section 548(a) of the National

10 Energy Conservation Policy Act (42 U.S.C. 8258(a))

11 a description of the results of the activities carried out

12 under subsection (a) and recommendations concerning

13 how to further reduce energy costs and energy con14 sumption in the future.

15 (2) BY SECRETARY OF ENERGY.—The reports re16 quired under paragraph (1) shall be included in the

17 annual reports required to be submitted to Congress

18 by the Secretary of Energy under section 548(b) of the

19 Act (42 U.S.C. 8258(b)).

20 (3) CONTENTS.—With respect to the period since

21 the date of the preceding report, a report under para22 graph (1) or (2) shall—

23 (A) specify the total energy costs of the fa24 cilities used by the agency;

25 (B) identify the reductions achieved;
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1 (C) specify the actions that resulted in the

2 reductions;

3 (D) with respect to the procurement proce4 dures of the agency, specify what actions have

5 been taken to—

6 (i) implement the procurement au7 thorities provided by subsections (a) and (c)

8 of section 546 of the National Energy Con9 servation Policy Act (42 U.S.C. 8256); and

10 (ii) incorporate directly, or by ref11 erence, the requirements of the regulations

12 issued by the Secretary of Energy under

13 title VIII of the Act (42 U.S.C. 8287 et

14 seq.); and

15 (E) specify—

16 (i) the actions taken by the agency to

17 achieve the goal specified in subsection

18 (a)(2);

19 (ii) the procurement procedures and

20 methods used by the agency under section

21 546(a)(2) of the Act (42 U.S.C. 8256(a)(2));

22 and

23 (iii) the number of energy savings per24 formance contracts entered into by the agen-
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1 cy under title VIII of the Act (42 U.S.C.

2 8287 et seq.).

3 SEC. 303. PAY OF MEMBERS OF CONGRESS AND THE PRESI4 DENT DURING GOVERNMENT SHUTDOWNS.

5 (a) IN GENERAL.—Members of Congress and the Presi6 dent shall not receive basic pay for any period in which—

7 (1) there is more than a 24 hour lapse in appro8 priations for any Federal agency or department as a

9 result of a failure to enact a regular appropriations

10 bill or continuing resolution; or

11 (2) the Federal Government is unable to make

12 payments or meet obligations because the public debt

13 limit under section 3101 of title 31, United States

14 Code has been reached.

15 (b) RETROACTIVE PAY PROHIBITED.—No pay forfeited

16 in accordance with subsection (a) may be paid retro17 actively.

18 This Act may be cited as the ‘‘District of Columbia

19 Appropriations Act, 1996’’.

Passed the House of Representatives November 2,

1995.

Attest: ROBIN H. CARLE,

Clerk.

Passed the Senate November 2, 1995.

Attest: KELLY D. JOHNSTON,

Secretary.