II

104TH CONGRESS

1ST SESSION H. R. 2546

IN THE SENATE OF THE UNITED STATES

NOVEMBER 2, 1995

Received

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,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 District of Columbia for the fiscal year ending September

4 30, 1996, and for other purposes, namely:

5 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

6 For payment to the District of Columbia for the fiscal

7 year ending September 30, 1996, $660,000,000, as au8 thorized by section 502(a) of the District of Columbia

9 Self-Government and Governmental Reorganization Act,

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

11 3406.1).

12 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

13 For the Federal contribution to the Police Officers

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

15 Funds, as authorized by the District of Columbia Retire16 ment Reform Act, approved November 17, 1979 (93 Stat.

17 866; Public Law 96–122), $52,000,000.

18 DIVISION OF EXPENSES

19 The following amounts are appropriated for the Dis20 trict of Columbia for the current fiscal year out of the

21 general fund of the District of Columbia, except as other22 wise specifically provided.

23 GOVERNMENTAL DIRECTION AND SUPPORT

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

25 and 1,465 full-time equivalent positions (end of year) (in-
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1 cluding $118,167,000 and 1,125 full-time equivalent posi2 tions from local funds, $2,464,000 and 5 full-time equiva3 lent positions from Federal funds, $4,474,000 and 71 full4 time equivalent positions from other funds, and

5 $24,688,000 and 264 full-time equivalent positions from

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

7 for the Mayor, $2,500 for the Chairman of the Council

8 of the District of Columbia, and $2,500 for the City Ad9 ministrator shall be available from this appropriation for

10 expenditures for official purposes: Provided further, That

11 any program fees collected from the issuance of debt shall

12 be available for the payment of expenses of the debt man13 agement program of the District of Columbia: Provided

14 further, That $29,500,000 is used for pay-as-you-go cap15 ital projects of which $1,500,000 shall be used for a cap16 ital needs assessment study, and $28,000,000 shall be

17 used for a new financial management system of which

18 $2,000,000 shall be used to develop a needs analysis and

19 assessment of the existing financial management environ20 ment, and the remaining $26,000,000 shall be used to

21 procure the necessary hardware and installation of new

22 software, conversion, testing and training: Provided fur23 ther, That the $26,000,000 shall not be obligated or ex24 pended until: (1) the District of Columbia Financial Re25 sponsibility and Management Assistance Authority sub-
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1 mits a report to the General Accounting Office within 90

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

3 results of the needs analysis and assessment of the exist4 ing financial management environment, specifying the de5 ficiencies in, and recommending necessary improvements

6 to or replacement of the District’s financial management

7 system including a detailed explanation of each rec8 ommendation and its estimated cost; (2) the General Ac9 counting Office reviews the Authority’s report and for10 wards it along with such comments or recommendations

11 as deemed appropriate on any matter contained therein

12 to the Committees on Appropriations of the House and

13 the Senate, the Committee on Governmental Reform and

14 Oversight of the House, and the Committee on Govern15 mental Affairs of the Senate within 60 days from receipt

16 of the report; and (3) 30 days lapse after receipt by Con17 gress of the General Accounting Office’s comments or rec18 ommendations.

19 ECONOMIC DEVELOPMENT AND REGULATION

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

21 and 1,692 full-time equivalent positions (end-of-year) (in22 cluding $66,505,000 and 696 full-time equivalent posi23 tions from local funds, $38,792,000 and 509 full-time

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

25 260 full-time equivalent positions from other funds, and
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1 $16,330,000 and 227 full-time equivalent positions from

2 intra-District funds): Provided, That the District of Co3 lumbia Housing Finance Agency, established by section

4 201 of the District of Columbia Housing Finance Agency

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

6 Code, sec. 45–2111), based upon its capability of repay7 ments as determined each year by the Council of the Dis8 trict of Columbia from the Housing Finance Agency’s an9 nual audited financial statements to the Council of the

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

11 amount equal to the appropriated administrative costs

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

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

14 three years: Provided further, That notwithstanding the

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

16 the amounts due shall be subject to the rights of the own17 ers of any bonds or notes issued by the Housing Finance

18 Agency and shall be repaid to the District of Columbia

19 government only from available operating revenues of the

20 Housing Finance Agency that are in excess of the amounts

21 required for debt service, reserve funds, and operating ex22 penses: Provided further, That upon commencement of the

23 debt service payments, such payments shall be deposited

24 into the general fund of the District of Columbia.
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1 PUBLIC SAFETY AND JUSTICE

2 Public safety and justice, including purchase of 135

3 passenger-carrying vehicles for replacement only, includ4 ing 130 for police-type use and five for fire-type use, with5 out regard to the general purchase price limitation for the

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

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

8 and 11,365 full-time equivalent positions from local funds,

9 $8,942,000 and 70 full-time equivalent positions from

10 Federal funds, $5,160,000 and 4 full-time equivalent posi11 tions from other funds, and $9,115,000 and 105 full-time

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

13 That the Metropolitan Police Department is authorized to

14 replace not to exceed 25 passenger-carrying vehicles and

15 the Fire Department of the District of Columbia is au16 thorized to replace not to exceed five passenger-carrying

17 vehicles annually whenever the cost of repair to any dam18 aged vehicle exceeds three-fourths of the cost of the re19 placement: Provided further, That not to exceed $500,000

20 shall be available from this appropriation for the Chief of

21 Police for the prevention and detection of crime: Provided

22 further, That the Metropolitan Police Department shall

23 provide quarterly reports to the Committees on Appropria24 tions of the House and Senate on efforts to increase effi25 ciency and improve the professionalism in the department:
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1 Provided further, That notwithstanding any other provi2 sion of law, or Mayor’s Order 86–45, issued March 18,

3 1986, the Metropolitan Police Department’s delegated

4 small purchase authority shall be $500,000: Provided fur5 ther, That the District of Columbia government may not

6 require the Metropolitan Police Department to submit to

7 any other procurement review process, or to obtain the ap8 proval of or be restricted in any manner by any official

9 or employee of the District of Columbia government, for

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

11 That the Metropolitan Police Department shall employ an

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

13 sworn officers for the fiscal year ending September 30,

14 1996: Provided further, That funds appropriated for ex15 penses under the District of Columbia Criminal Justice

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

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

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

19 for obligations incurred under the Act in each fiscal year

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

21 That funds appropriated for expenses under the District

22 of Columbia Neglect Representation Equity Act of 1984,

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

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

25 1996, shall be available for obligations incurred under the
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1 Act in each fiscal year since inception in the fiscal year

2 1985: Provided further, That funds appropriated for ex3 penses under the District of Columbia Guardianship, Pro4 tective Proceedings, and Durable Power of Attorney Act

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

6 D.C. Code, sec. 21–2060), for the fiscal year ending Sep7 tember 30, 1996, shall be available for obligations in8 curred under the Act in each fiscal year since inception

9 in fiscal year 1989: Provided further, That not to exceed

10 $1,500 for the Chief Judge of the District of Columbia

11 Court of Appeals, $1,500 for the Chief Judge of the Supe12 rior Court of the District of Columbia, and $1,500 for the

13 Executive Officer of the District of Columbia Courts shall

14 be available from this appropriation for official purposes:

15 Provided further, That the District of Columbia shall oper16 ate and maintain a free, 24-hour telephone information

17 service whereby residents of the area surrounding Lorton

18 prison in Fairfax County, Virginia, can promptly obtain

19 information from District of Columbia government offi20 cials on all disturbances at the prison, including escapes,

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

22 District of Columbia government shall also take steps to

23 publicize the availability of the 24-hour telephone informa24 tion service among the residents of the area surrounding

25 the Lorton prison: Provided further, That not to exceed
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1 $100,000 of this appropriation shall be used to reimburse

2 Fairfax County, Virginia, and Prince William County, Vir3 ginia, for expenses incurred by the counties during the fis4 cal year ending September 30, 1996, in relation to the

5 Lorton prison complex: Provided further, That such reim6 bursements shall be paid in all instances in which the Dis7 trict requests the counties to provide police, fire, rescue,

8 and related services to help deal with escapes, fires, riots,

9 and similar disturbances involving the prison: Provided

10 further, That the Mayor shall reimburse the District of

11 Columbia National Guard for expenses incurred in connec12 tion with services that are performed in emergencies by

13 the National Guard in a militia status and are requested

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

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

16 Mayor and the Commanding General of the District of Co17 lumbia National Guard: Provided further, That such sums

18 as may be necessary for reimbursement to the District of

19 Columbia National Guard under the preceding proviso

20 shall be available from this appropriation, and the avail21 ability of the sums shall be deemed as constituting pay22 ment in advance for emergency services involved.

23 PUBLIC EDUCATION SYSTEM

24 Public education system, including the development

25 of national defense education programs, $788,983,000
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1 and 11,670 full-time equivalent positions (end-of-year)

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

3 positions from local funds, $87,385,000 and 1,227 full4 time equivalent positions from Federal funds,

5 $21,719,000 and 234 full-time equivalent positions from

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

7 positions from intra-District funds), to be allocated as fol8 lows: $577,242,000 and 10,167 full-time equivalent posi9 tions (including $494,556,000 and 9,014 full-time equiva10 lent positions from local funds, $75,786,000 and 1,058

11 full-time equivalent positions from Federal funds,

12 $4,343,000 and 44 full-time equivalent positions from

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

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

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

16 funds shall be allocated for the District of Columbia

17 Teachers’ Retirement Fund; $79,269,000 and 1,079 full18 time equivalent positions (including $45,250,000 and 572

19 full-time equivalent positions from local funds,

20 $10,611,000 and 156 full-time equivalent positions from

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

22 positions from other funds, and $6,486,000 and 162 full23 time equivalent positions from intra-District funds) for the

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

25 415 full-time equivalent positions (including $20,159,000
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1 and 408 full-time equivalent positions from local funds,

2 $446,000 and 6 full-time equivalent positions from Fed3 eral funds, $454,000 and 1 full-time equivalent position

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

5 for the Public Library; $2,267,000 and 9 full-time equiva6 lent positions (including $1,725,000 and 2 full-time equiv7 alent positions from local funds and $542,000 and 7 full8 time equivalent positions from Federal funds) for the

9 Commission on the Arts and Humanities; $64,000 from

10 local funds for the District of Columbia School of Law

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

12 Commission: Provided, That the public schools of the Dis13 trict of Columbia are authorized to accept not to exceed

14 31 motor vehicles for exclusive use in the driver education

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

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

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

18 for the Public Librarian shall be available from this appro19 priation for expenditures for official purposes: Provided

20 further, That this appropriation shall not be available to

21 subsidize the education of nonresidents of the District of

22 Columbia at the University of the District of Columbia,

23 unless the Board of Trustees of the University of the Dis24 trict of Columbia adopts, for the fiscal year ending Sep25 tember 30, 1996, a tuition rate schedule that will establish
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1 the tuition rate for nonresident students at a level no

2 lower than the nonresident tuition rate charged at com3 parable public institutions of higher education in the met4 ropolitan area.

5 HUMAN SUPPORT SERVICES

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

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

8 $1,067,516,000 and 3,650 full-time equivalent positions

9 from local funds, $726,685,000 and 2,639 full-time equiv10 alent positions from Federal funds, $46,763,000 and 66

11 full-time equivalent positions from other funds, and

12 $4,674,000 and 114 full-time equivalent positions from

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

14 appropriation, to remain available until expended, shall be

15 available solely for District of Columbia employees’ dis16 ability compensation: Provided further, That the District

17 shall not provide free government services such as water,

18 sewer, solid waste disposal or collection, utilities, mainte19 nance, repairs, or similar services to any legally con20 stituted private nonprofit organization (as defined in sec21 tion 411(5) of Public Law 100–77, approved July 22,

22 1987) providing emergency shelter services in the District,

23 if the District would not be qualified to receive reimburse24 ment pursuant to the Stewart B. McKinney Homeless As-
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1 sistance Act, approved July 22, 1987 (101 Stat. 485; Pub2 lic Law 100–77; 42 U.S.C. 11301 et seq.).

3 PUBLIC WORKS

4 Public works, including rental of one passenger-car5 rying vehicle for use by the Mayor and three passenger6 carrying vehicles for use by the Council of the District of

7 Columbia and purchase of passenger-carrying vehicles for

8 replacement only, $297,326,000 and 1,914 full-time equiv9 alent positions (end-of-year) (including $225,673,000 and

10 1,158 full-time equivalent positions from local funds,

11 $2,682,000 and 32 full-time equivalent positions from

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

13 positions from other funds, and $50,629,000 and 656 full14 time equivalent positions from intra-District funds): Pro15 vided, That this appropriation shall not be available for

16 collecting ashes or miscellaneous refuse from hotels and

17 places of business.

18 WASHINGTON CONVENTION CENTER FUND

19 For payment to the Washington Convention Center

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

21 REPAYMENT OF LOANS AND INTEREST

22 For reimbursement to the United States of funds

23 loaned in compliance with An Act to provide for the estab24 lishment of a modern, adequate, and efficient hospital cen25 ter in the District of Columbia, approved August 7, 1946
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1 (60 Stat. 896; Public Law 79–648); section 1 of An Act

2 to authorize the Commissioners of the District of Colum3 bia to borrow funds for capital improvement programs and

4 to amend provisions of law relating to Federal Govern5 ment participation in meeting costs of maintaining the

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

7 183; Public Law 85–451; D.C. Code, sec. 9–219); section

8 4 of An Act to authorize the Commissioners of the District

9 of Columbia to plan, construct, operate, and maintain a

10 sanitary sewer to connect the Dulles International Airport

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

12 1960 (74 Stat. 211; Public Law 86–515); sections 723

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

14 and Governmental Reorganization Act of 1973, approved

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

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

17 1156; Public Law 95–131; D.C. Code, sec. 9–219, note),

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

19 local funds.

20 REPAYMENT OF GENERAL FUND RECOVERY DEBT

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

22 general fund accumulated deficit as of September 30,

23 1990, $38,678,000 from local funds, as authorized by sec24 tion 461(a) of the District of Columbia Self-Government

25 and Governmental Reorganization Act, approved Decem-
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1 ber 24, 1973, as amended (105 Stat. 540; Public Law

2 102–106; D.C. Code, sec. 47–321(a)).

3 SHORT-TERM BORROWING

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

5 funds.

6 PAY RENEGOTIATION OR REDUCTION

7 IN COMPENSATION

8 The Mayor shall reduce appropriations and expendi9 tures for personal services in the amount of $46,409,000,

10 by decreasing rates of compensation for District govern11 ment employees; such decreased rates are to be realized

12 for employees who are subject to collective bargaining

13 agreements to the extent possible through the renegoti14 ation of existing collective bargaining agreements: Pro15 vided, That, if a sufficient reduction from employees who

16 are subject to collective bargaining agreements is not real17 ized through renegotiating existing agreements, the Mayor

18 shall decrease rates of compensation for such employees,

19 notwithstanding the provisions of any collective bargaining

20 agreements.

21 RAINY DAY FUND

22 For mandatory unavoidable expenditures within one

23 or several of the various appropriation headings of this

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

25 and nonpersonal services as requested by the Mayor and
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1 approved by the Council pursuant to the procedures in sec2 tion 4 of the Reprogramming Policy Act of 1980, effective

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

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

5 District of Columbia shall provide to the Committees on

6 Appropriations of the House of Representatives and the

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

8 following the end of the quarter showing how monies pro9 vided under this fund are expended with a final report pro10 viding a full accounting of the fund due October 15, 1996

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

12 in the fund is disbursed.

13 INCENTIVE BUYOUT PROGRAM

14 For the purpose of funding costs associated with the

15 incentive buyout program, to be apportioned by the Mayor

16 of the District of Columbia within the various appropria17 tion headings in this Act from which costs are properly

18 payable, $19,000,000.

19 OUTPLACEMENT SERVICES

20 For the purpose of funding outplacement services for

21 employees who leave the District of Columbia government

22 involuntarily, $1,500,000.
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1 BOARDS AND COMMISSIONS

2 The Mayor shall reduce appropriations and expendi3 tures for boards and commissions under the various head4 ings in this Act in the amount of $500,000.

5 GOVERNMENT RE-ENGINEERING PROGRAM

6 The Mayor shall reduce appropriations and expendi7 tures for personal and nonpersonal services in the amount

8 of $16,000,000 within one or several of the various appro9 priation headings in this Act.

10 PERSONAL AND NONPERSONAL SERVICES

11 ADJUSTMENTS

12 Notwithstanding any other provision of law, the

13 Mayor shall adjust appropriations and expenditures for

14 personal and nonpersonal services, together with the relat15 ed full-time equivalent positions, in accordance with the

16 direction of the District of Columbia Financial Respon17 sibility and Management Assistance Authority such that

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

19 one or several of the various appropriation headings in this

20 Act, pursuant to section 208 of Public Law 104–8, ap21 proved April 17, 1995 (109 Stat. 134).

22 CAPITAL OUTLAY

23 (INCLUDING RESCISSIONS)

24 For construction projects, $168,222,000, as author25 ized by An Act authorizing the laying of water mains and
18

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

2 assessments therefor, and for other purposes, approved

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

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

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

6 1954 (68 Stat. 101; Public Law 83–364); An Act to au7 thorize the Commissioners of the District of Columbia to

8 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; including acquisition of sites, preparation of

13 plans and specifications, conducting preliminary surveys,

14 erection of structures, including building improvement and

15 alteration and treatment of grounds, to remain available

16 until expended: Provided, That $105,660,000 appro17 priated under this heading in prior fiscal years is re18 scinded: Provided further, That funds for use of each cap19 ital project implementing agency shall be managed and

20 controlled in accordance with all procedures and limita21 tions established under the Financial Management Sys22 tem: Provided further, That all funds provided by this ap23 propriation title shall be available only for the specific

24 projects and purposes intended: Provided further, That

25 notwithstanding the foregoing, all authorizations for cap-
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1 ital outlay projects, except those projects covered by the

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

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

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

5 which funds are provided by this appropriation title, shall

6 expire on September 30, 1997, except authorizations for

7 projects as to which funds have been obligated in whole

8 or in part prior to September 30, 1997: Provided further,

9 That upon expiration of any such project authorization the

10 funds provided herein for the project shall lapse.

11 WATER AND SEWER ENTERPRISE FUND

12 For the Water and Sewer Enterprise Fund,

13 $193,398,000 and 1,024 full-time equivalent positions

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

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

16 funds, and $4,744,000 and 100 full-time equivalent posi17 tions from intra-District funds), of which $41,036,000

18 shall be apportioned and payable to the debt service fund

19 for repayment of loans and interest incurred for capital

20 improvement projects.

21 For construction projects, $39,477,000, as author22 ized by An Act authorizing the laying of water mains and

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

24 assessments therefor, and for other purposes, approved

25 April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
20

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1 Code, sec. 43–1512 et seq.): Provided, That the require2 ments and restrictions that are applicable to general fund

3 capital improvement projects and set forth in this Act

4 under the Capital Outlay appropriation title shall apply

5 to projects approved under this appropriation title.

6 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

7 For the Lottery and Charitable Games Enterprise

8 Fund, established by the District of Columbia Appropria9 tion Act for the fiscal year ending September 30, 1982,

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

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

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

13 Bingo and Raffles for Charitable Purposes in the District

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

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

16 $229,907,000 and 88 full-time equivalent positions (end17 of-year) (including $8,099,000 and 88 full-time equivalent

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

19 for non-administrative expenses from revenue generated

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

21 District of Columbia revenues: Provided, That the District

22 of Columbia shall identify the source of funding for this

23 appropriation title from the District’s own locally-gen24 erated revenues: Provided further, That no revenues from

25 Federal sources shall be used to support the operations
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1 or activities of the Lottery and Charitable Games Control

2 Board.

3 CABLE TELEVISION ENTERPRISE FUND

4 For the Cable Television Enterprise Fund, estab5 lished by the Cable Television Communications Act of

6 1981, effective October 22, 1983 (D.C. Law 5–36; D.C.

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

8 equivalent positions (end-of-year) (including $2,137,000

9 and 8 full-time equivalent positions from local funds and

10 $332,000 from other funds), of which $690,000 shall be

11 transferred to the general fund of the District of Colum12 bia.

13 STARPLEX FUND

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

15 for the expenses incurred by the Armory Board in the ex16 ercise of its powers granted by An Act To Establish a Dis17 trict of Columbia Armory Board, and for other purposes,

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

19 301 et seq.) and the District of Columbia Stadium Act

20 of 1957, approved September 7, 1957 (71 Stat. 619; Pub21 lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,

22 That the Mayor shall submit a budget for the Armory

23 Board for the forthcoming fiscal year as required by sec24 tion 442(b) of the District of Columbia Self-Government

25 and Governmental Reorganization Act, approved Decem-
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1 ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.

2 Code, sec. 47–301(b)).

3 D.C. GENERAL HOSPITAL

4 For the District of Columbia General Hospital, estab5 lished by Reorganization Order No. 57 of the Board of

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

7 $2,487,000 and a reduction of 180 full-time equivalent po8 sitions in intra-District funds.

9 D.C. RETIREMENT BOARD

10 For the D.C. Retirement Board, established by sec11 tion 121 of the District of Columbia Comprehensive Re12 tirement Reform Act of 1989, approved November 17,

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

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

15 the earnings of the applicable retirement funds to pay

16 legal, management, investment, and other fees and admin17 istrative expenses of the District of Columbia Retirement

18 Board: Provided, That the District of Columbia Retire19 ment Board shall provide to the Congress and to the

20 Council of the District of Columbia a quarterly report of

21 the allocations of charges by fund and of expenditures of

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

23 Retirement Board shall provide the Mayor, for transmittal

24 to the Council of the District of Columbia, an item ac25 counting of the planned use of appropriated funds in time
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1 for each annual budget submission and the actual use of

2 such funds in time for each annual audited financial re3 port.

4 CORRECTIONAL INDUSTRIES FUND

5 For the Correctional Industries Fund, established by

6 the District of Columbia Correctional Industries Estab7 lishment Act, approved October 3, 1964 (78 Stat. 1000;

8 Public Law 88–622), $10,048,000 and 66 full-time equiv9 alent positions (end-of-year) (including $3,415,000 and 22

10 full-time equivalent positions from other funds and

11 $6,633,000 and 44 full-time equivalent positions from

12 intra-District funds).

13 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

14 For the Washington Convention Center Enterprise

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

16 by transfer from the general fund.

17 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY

18 AND MANAGEMENT ASSISTANCE AUTHORITY

19 For the District of Columbia Financial Responsibility

20 and Management Assistance Authority, established by sec21 tion 101(a) of the District of Columbia Financial Respon22 sibility and Management Assistance Act of 1995, approved

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

24 $3,500,000.
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1 GENERAL PROVISIONS

2 SEC. 101. The expenditure of any appropriation

3 under this Act for any consulting service through procure4 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

5 to those contracts where such expenditures are a matter

6 of public record and available for public inspection, except

7 where otherwise provided under existing law, or under

8 existing 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 speci16 fied within an appropriation for particular purposes or ob17 jects of expenditure, such amount, unless otherwise speci18 fied, shall be considered as the maximum amount that

19 may be expended for said purpose or object rather than

20 an amount set apart exclusively therefor.

21 SEC. 104. Appropriations in this Act shall be avail22 able, when authorized by the Mayor, for allowances for

23 privately owned automobiles and motorcycles used for the

24 performance of official duties at rates established by the

25 Mayor: Provided, That such rates shall not exceed the
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1 maximum prevailing rates for such vehicles as prescribed

2 in the Federal Property Management Regulations 101–7

3 (Federal Travel Regulations).

4 SEC. 105. Appropriations in this Act shall be avail5 able for expenses of travel and for the payment of dues

6 of organizations concerned with the work of the District

7 of Columbia government, when authorized by the Mayor:

8 Provided, That the Council of the District of Columbia

9 and the District of Columbia Courts may expend such

10 funds without authorization by the Mayor.

11 SEC. 106. There are appropriated from the applicable

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

13 necessary for making refunds and for the payment of

14 judgments that have been entered against the District of

15 Columbia government: Provided, That nothing contained

16 in this section shall be construed as modifying or affecting

17 the provisions of section 11(c)(3) of title XII of the Dis18 trict of Columbia Income and Franchise Tax Act of 1947,

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

20 460; D.C. Code, sec. 47–1812.11(c)(3)).

21 SEC. 107. Appropriations in this Act shall be avail22 able for the payment of public assistance without reference

23 to the requirement of section 544 of the District of Colum24 bia Public Assistance Act of 1982, effective April 6, 1982

25 (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
26

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1 non-Federal share of funds necessary to qualify for Fed2 eral assistance under the Juvenile Delinquency Prevention

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

4 Stat. 462; 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.

13 Nothing herein is intended to prohibit the availability of

14 school buildings for the use of any community or partisan

15 political group during non-school hours.

16 SEC. 110. The annual budget for the District of Co17 lumbia government for the fiscal year ending September

18 30, 1997, shall be transmitted to the Congress no later

19 than 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, Fed3 eralism, and the District of Columbia, of the Senate Com4 mittee on Governmental Affairs, and the Council of the

5 District of Columbia, or their duly authorized representa6 tive: Provided, That none of the funds contained in this

7 Act shall be made available to pay the salary of any em8 ployee of the District of Columbia government whose name

9 and salary 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

12 necessary for making payments authorized by the District

13 of Columbia Revenue Recovery Act of 1977, effective Sep14 tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–

15 421 et seq.).

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

17 for publicity or propaganda purposes or implementation

18 of any policy including boycott designed to support or de19 feat legislation pending before Congress or any State legis20 lature.

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

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

23 for capital outlay borrowings: Provided, That within a rea24 sonable time after the close of each quarter, the Mayor

25 shall report to the Council of the District of Columbia and
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1 the Congress the actual borrowings and spending progress

2 compared 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

6 resolution, identifying the projects and amounts to be fi7 nanced with such borrowings.

8 SEC. 116. The Mayor shall not expend any moneys

9 borrowed for capital projects for the operating expenses

10 of 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

14 granted according to the procedure set forth in the Joint

15 Explanatory Statement of the Committee of Conference

16 (House Report No. 96–443), which accompanied the Dis17 trict of Columbia Appropriation Act, 1980, approved Octo18 ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi19 fied in House Report No. 98–265, and in accordance with

20 the Reprogramming Policy Act of 1980, effective Septem21 ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361

22 et seq.).

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

24 Act shall be obligated or expended to provide a personal
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1 cook, chauffeur, or other personal servants to any officer

2 or employee of the District of Columbia.

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

4 Act shall be obligated or expended to procure passenger

5 automobiles as defined in the Automobile Fuel Efficiency

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

7 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ8 mental Protection Agency estimated miles per gallon aver9 age of less than 22 miles per gallon: Provided, That this

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

11 armored vehicles.

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

13 District of Columbia Self-Government and Governmental

14 Reorganization Act of 1973, approved December 24, 1973

15 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

16 242(7)), the City Administrator shall be paid, during any

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

18 not to exceed the rate established for level IV of the Exec19 utive Schedule under 5 U.S.C. 5315.

20 (b) For purposes of applying any provision of law lim21 iting the availability of funds for payment of salary or pay

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

23 the Mayor under subsection (a) of this section for any po24 sition for any period during the last quarter of calendar
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1 year 1995 shall be deemed to be the rate of pay payable

2 for that position for September 30, 1995.

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

4 Columbia Redevelopment Act of 1945, approved August

5 2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,

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

7 Columbia Redevelopment Land Agency shall be paid, dur8 ing any fiscal year, per diem compensation at a rate estab9 lished by the Mayor.

10 SEC. 121. Notwithstanding any other provisions of

11 law, the provisions of the District of Columbia Govern12 ment Comprehensive Merit Personnel Act of 1978, effec13 tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–

14 601.1 et seq.), enacted pursuant to section 422(3) 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(3)), shall apply with respect to the compensation of

19 District of Columbia employees: Provided, That for pay

20 purposes, employees of the District of Columbia govern21 ment shall not be subject to the provisions of title 5 of

22 the United States Code.

23 SEC. 122. The Director of the Department of Admin24 istrative Services may pay rentals and repair, alter, and

25 improve rented premises, without regard to the provisions
31

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

2 72–212; 40 U.S.C. 278a), upon a determination by the

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

4 determination, the payment of these rents and the execu5 tion of this work, without reference to the limitations of

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

7 economy, 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

12 1996 revenue estimates as of the end of the first quarter

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

14 budget request for the fiscal year ending September 30,

15 1997. The officially revised estimates at midyear shall be

16 used for the midyear report.

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

18 of Columbia government or any agency thereof may be re19 newed or extended without opening that contract to the

20 competitive bidding process as set forth in section 303 of

21 the District of Columbia Procurement Practices Act of

22 1985, effective February 21, 1986 (D.C. Law 6–85; D.C.

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

24 Public Schools may renew or extend sole source contracts

25 for which competition is not feasible or practical, provided
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1 that the determination as to whether to invoke the com2 petitive bidding process has been made in accordance with

3 duly promulgated Board of Education rules and proce4 dures.

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

6 Emergency Deficit Control Act of 1985, approved Decem7 ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as

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

9 be synonymous with and refer specifically to each account

10 appropriating Federal funds in this Act, and any seques11 tration order shall be applied to each of the accounts rath12 er than to the aggregate total of those accounts: Provided,

13 That sequestration orders shall not be applied to any ac14 count that is specifically exempted from sequestration by

15 the Balanced Budget and Emergency Deficit Control Act

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

17 Public Law 99–177), as amended.

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

19 pursuant to the Balanced Budget and Emergency Deficit

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

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

22 amounts appropriated to the District of Columbia for the

23 fiscal year involved have been paid to the District of Co24 lumbia, the Mayor of the District of Columbia shall pay

25 to the Secretary of the Treasury, within 15 days after re-
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1 ceipt of a request therefor from the Secretary of the

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

3 Provided, That the sequestration percentage specified in

4 the order shall be applied proportionately to each of the

5 Federal appropriation accounts in this Act that are not

6 specifically exempted from sequestration by the Balanced

7 Budget and Emergency Deficit Control Act of 1985, ap8 proved December 12, 1985 (99 Stat. 1037; Public Law

9 99–177), as amended.

10 SEC. 127. For the fiscal year ending September 30,

11 1996, the District of Columbia shall pay interest on its

12 quarterly payments to the United States that are made

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

14 statement from the Federal Bureau of Prisons of amounts

15 due for housing District of Columbia convicts in Federal

16 penitentiaries for the preceding quarter.

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

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

19 programs or functions for which a reorganization plan is

20 required but has not been approved by the Council pursu21 ant to section 422(12) of the District of Columbia Self22 Government and Governmental Reorganization Act of

23 1973, approved December 24, 1973 (87 Stat. 790; Public

24 Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern25 mental Reorganization Procedures Act of 1981, effective
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1 October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–

2 299.1 to 1–299.7). Appropriations made by this Act for

3 such programs or functions are conditioned on the ap4 proval by the Council, prior to October 1, 1995, of the

5 required reorganization plans.

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

7 government may accept and use a gift or donation during

8 fiscal year 1996 if—

9 (1) the Mayor approves the acceptance and use

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

11 of the District of Columbia may accept and use gifts

12 without prior approval by the Mayor; and

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

14 out its authorized functions or duties.

15 (b) Each entity of the District of Columbia govern16 ment shall keep accurate and detailed records of the ac17 ceptance and use of any gift or donation under subsection

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

19 for audit and public inspection.

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

21 of the District of Columbia government’’ includes an inde22 pendent agency of the District of Columbia.

23 (d) This section shall not apply to the District of Co24 lumbia Board of Education, which may, pursuant to the

25 laws and regulations of the District of Columbia, accept
35

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1 and use gifts to the public schools without prior approval

2 by the Mayor.

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

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

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

6 offices of United States Senator or United States Rep7 resentatives under section 4(d) of the District of Columbia

8 Statehood Constitutional Convention Initiatives of 1979,

9 effective March 10, 1981 (D.C. Law 3–171; D.C. Code,

10 sec. 1–113(d)).

11 PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS

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

13 District of Columbia Self-Government and Governmental

14 Reorganization Act (sec. 1–233(a), D.C. Code), as amend15 ed by section 108(b)(2) of the District of Columbia Finan16 cial Responsibility and Management Assistance Act of

17 1995, is amended—

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

19 (9);

20 (2) by striking the period at the end of para21 graph (10) and inserting ‘‘; or’’; and

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

23 paragraph:

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

25 obligates or expends funds of the District of Colum26 bia (without regard to the source of such funds) for
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1 any abortion, or which appropriates funds to any fa2 cility owned or operated by the District of Columbia

3 in which any abortion is performed, except where the

4 life of the mother would be endangered if the fetus

5 were carried to term, or in cases of forcible rape re6 ported within 30 days to a law enforcement agency,

7 or cases of incest reported to a law enforcement

8 agency or child abuse agency prior to the perform9 ance of the abortion.’’.

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

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

12 the Council of the District of Columbia which take effect

13 in fiscal years beginning with fiscal year 1996.

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

15 shall be obligated or expended on any proposed change in

16 either the use or configuration of, or on any proposed im17 provement to, the Municipal Fish Wharf until such pro18 posed change or improvement has been reviewed and ap19 proved by Federal and local authorities including, but not

20 limited to, the National Capital Planning Commission, the

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

22 of Columbia, in compliance with applicable local and Fed23 eral laws which require public hearings, compliance with

24 applicable environmental regulations including, but not

25 limited to, any amendments to the Washington, D.C.
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1 urban renewal plan which must be approved by both the

2 Council of the District of Columbia and the National Cap3 ital Planning Commission.

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

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

6 all equipment and products purchased with funds made

7 available in this Act should be American-made.

8 (b) NOTICE REQUIREMENT.—In providing financial

9 assistance to, or entering into any contract with, any en10 tity using funds made available in this Act, the head of

11 each agency of the Federal or District of Columbia govern12 ment, to the greatest extent practicable, shall provide to

13 such entity a notice describing the statement made in sub14 section (a) by the Congress.

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

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

17 enforce any system of registration of unmarried, cohabit18 ing couples whether they are homosexual, lesbian, or het19 erosexual, including but not limited to registration for the

20 purpose of extending employment, health, or governmental

21 benefits to such couples on the same basis such benefits

22 are extended to legally married couples.

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

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

25 repealed.
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1 SEC. 135. Sections 431(f) and 433(b)(5) of the Dis2 trict of Columbia Self-Government and Governmental Re3 organization Act, approved December 24, 1973 (87 Stat.

4 813; Public Law 93–198; D.C. Code, secs. 11–1524 and

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

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

7 amended to read as follows:

8 ‘‘(f) Members of the Tenure Commission shall serve

9 without compensation for services rendered in connection

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

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

12 amended to read as follows:

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

14 without compensation for services rendered in con15 nection with their official duties on the Commis16 sion.’’.

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

18 Self-Government and Governmental Reorganization Act of

19 1973, approved December 24, 1973 (87 Stat. 803; Public

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

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

22 ‘‘(c)(1) The District may enter into multiyear con23 tracts to obtain goods and services for which funds would

24 otherwise be available for obligation only within the fiscal

25 year for which appropriated.
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1 ‘‘(2) If the funds are not made available for the con2 tinuation of such a contract into a subsequent fiscal year,

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

4 of cancellation or termination may be paid from—

5 ‘‘(A) appropriations originally available for the

6 performance of the contract concerned;

7 ‘‘(B) appropriations currently available for pro8 curement of the type of acquisition covered by the

9 contract, and not otherwise obligated; or

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

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

12 be valid unless the Mayor submits the contract to the

13 Council for its approval and the Council approves the con14 tract (in accordance with criteria established by act of the

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

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

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

18 the contract shall be deemed disapproved.’’.

19 SEC. 137. The District of Columbia Real Property

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

21 (88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend22 ed as follows:

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

24 amended as follows:
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1 (A) Subsection (a) is amended by striking

2 the third and fourth sentences and inserting the

3 following sentences in their place: ‘‘If the Coun4 cil does extend the time for establishing the

5 rates of taxation on real property, it must es6 tablish those rates for the tax year by perma7 nent legislation. If the Council does not estab8 lish the rates of taxation of real property by Oc9 tober 15, and does not extend the time for es10 tablishing rates, the rates of taxation applied

11 for the prior year shall be the rates of taxation

12 applied during the tax year.’’.

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

14 read as follows:

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

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

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

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

19 1996, shall be the same rates in effect for the tax year

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

21 1994.’’.

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

23 is repealed.
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1 SEC. 138. Title 18 U.S.C. 1761(b) is amended by

2 striking the period at the end and inserting the phrase

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

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

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

6 Council a report delineating the actions taken by the exec7 utive to effect the directives of the Council in this Act,

8 including—

9 (1) negotiations with representatives of collec10 tive bargaining units to reduce employee compensa11 tion;

12 (2) actions to restructure existing long-term

13 city 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 SEC. 140. The Board of Education shall submit to

20 the Congress, Mayor, and Council of the District of Co21 lumbia no later than fifteen (15) calendar days after the

22 end of each month a report that sets forth—

23 (1) current month expenditures and obligations,

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

25 fiscal year expenditure projections vs. budget broken
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1 out on the basis of control center, responsibility cen2 ter, agency reporting code, and object class, and for

3 all funds, including capital financing;

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

5 the most current pay period broken out on the basis

6 of control center, responsibility center, and agency

7 reporting code within each responsibility center, for

8 all funds, including capital funds;

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

10 frozen and the amount of funds frozen, broken out

11 by control center, responsibility center, detailed ob12 ject, and agency reporting code, and for all funding

13 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

17 charged broken out on the basis of control center,

18 responsibility center, and agency reporting code; and

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

20 Schools; payments made in the last month and year21 to-date, the total amount of the contract and total

22 payments made for the contract and any modifica23 tions, extensions, renewals; and specific modifica24 tions made to each contract in the last month;
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1 (5) all reprogramming requests and reports

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

3 the Board of Education; and

4 (6) changes made in the last month to the orga5 nizational structure of the D.C. Public Schools, dis6 playing previous and current control centers and re7 sponsibility centers, the names of the organizational

8 entities that have been changed, the name of the

9 staff member supervising each entity affected, and

10 the reasons for the structural change.

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

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

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

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

15 forth—

16 (1) current month expenditures and obligations,

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

18 fiscal year expenditure projections vs. budget broken

19 out on the basis of control center, responsibility cen20 ter, and object class, and for all funds, including

21 capital financing;

22 (2) a breakdown of FTE positions and all em23 ployees for the most current pay period broken out

24 on the basis of control center and responsibility cen25 ter, for 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 for all funding sources;

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

6 $10,000 annually, which contains: the name of each

7 contractor; the budget to which the contract is

8 charged broken out on the basis of control center

9 and responsibility center, and contract identifying

10 codes used by the University of the District of Co11 lumbia; payments made in the last month and year12 to-date, the total amount of the contract and total

13 payments made for the contract and any modifica14 tions, extensions, renewals; and specific modifica15 tions made to each contract in the last month;

16 (5) all reprogramming requests and reports

17 that have been made by the University of the Dis18 trict of Columbia within the last month in compli19 ance with applicable law; and

20 (6) changes made in the last month to the orga21 nizational structure of the University of the District

22 of Columbia, displaying previous and current control

23 centers and responsibility centers, the names of the

24 organizational entities that have been changed, the
45

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1 name of the staff member supervising each entity af2 fected, and the reasons for the structural change.

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

4 of Columbia and the University of the District of Colum5 bia shall annually compile an accurate and verifiable re6 port on the positions and employees in the public school

7 system and the university, respectively. The annual report

8 shall set forth—

9 (1) the number of validated schedule A posi10 tions in the District of Columbia Public Schools and

11 the University of the District of Columbia for fiscal

12 year 1995, fiscal year 1996, and thereafter on full13 time equivalent basis, including a compilation of all

14 positions by control center, responsibility center,

15 funding source, position type, position title, pay

16 plan, grade, and annual salary; and

17 (2) a compilation of all employees in the Dis18 trict of Columbia Public Schools and the University

19 of the District of Columbia as of the preceding De20 cember 31, verified as to its accuracy in accordance

21 with the functions that each employee actually per22 forms, by control center, responsibility center, agen23 cy reporting code, program (including funding

24 source), activity, location for accounting purposes,
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1 job title, grade and classification, annual salary, and

2 position control number.

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

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

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

6 February 8 of each year.

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

8 within 15 calendar days after the date of the enactment

9 of the District of Columbia Appropriations Act, 1996,

10 whichever occurs later, and each succeeding year, the

11 Board of Education and the University of the District of

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

13 Council of the District of Columbia, a revised appropriated

14 funds operating budget for the public school system and

15 the University of the District of Columbia for such fiscal

16 year that is in the total amount of the approved appropria17 tion and that realigns budgeted data for personal services

18 and other-than-personal services, respectively, with antici19 pated actual expenditures.

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

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

22 that the Board of Education and the University of the

23 District of Columbia submit to the Mayor of the District

24 of Columbia for inclusion in the Mayor’s budget submis25 sion to the Council of the District of Columbia pursuant
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1 to section 442 of the District of Columbia Self-Govern2 ment and Governmental Reorganization Act, Public Law

3 93–198, as amended (D.C. Code, sec. 47–301).

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

5 Trustees of the University of the District of Columbia, the

6 Board of Library Trustees, and the Board of Governors

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

8 respective annual or revised budgets before submission to

9 the Mayor of the District of Columbia for inclusion in the

10 Mayor’s budget submission to the Council of the District

11 of Columbia in accordance with section 442 of the District

12 of Columbia Self-Government and Governmental Reorga13 nization Act, Public Law 93–198, as amended (D.C. Code,

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

15 directly to the Council.

16 SEC. 145. Notwithstanding any other provision of

17 law, rule, or regulation, the evaluation process and instru18 ments for evaluating District of Columbia Public Schools

19 employees shall be a non-negotiable item for collective bar20 gaining purposes.

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

22 agency, shall fill a position wholly funded by appropria23 tions authorized by this Act, which is vacant on October

24 1, 1995, or becomes vacant between October 1, 1995, and

25 September 30, 1996, unless the Mayor or independent
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1 agency submits a proposed resolution of intent to fill the

2 vacant position to the Council. The Council shall be re3 quired to take affirmative action on the Mayor’s resolution

4 within 30 legislative days. If the Council does not affirma5 tively approve the resolution within 30 legislative days, the

6 resolution shall be deemed disapproved.

7 (b) No reduction in the number of full-time equiva8 lent positions or reduction-in-force due to privatization or

9 contracting out shall occur if the District of Columbia Fi10 nancial Responsibility and Management Assistance Au11 thority, established by section 101(a) of the District of Co12 lumbia Financial Responsibility and Management Assist13 ance Act of 1995, approved April 17, 1995 (109 Stat. 97;

14 Public Law 104–8), disallows the full-time equivalent posi15 tion reduction provided in this act in meeting the maxi16 mum ceiling of 35,771 for the fiscal year ending Septem17 ber 30, 1996.

18 (c) This section shall not prohibit the appropriate

19 personnel authority from filling a vacant position with a

20 District government employee currently occupying a posi21 tion that is funded with appropriated funds.

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

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

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

25 Code, except chapter 23.
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1 SEC. 147. (a) Not later than 15 days after the end

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

3 Mayor shall submit to the Council a report with respect

4 to the employees on the capital project budget for the pre5 vious quarter.

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

7 of this section shall include the following information—

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

9 grade and step;

10 (2) a job description, including the capital

11 project for which each employee is working;

12 (3) the date that each employee began working

13 on the capital project and the ending date that each

14 employee completed or is projected to complete work

15 on the capital project; and

16 (4) a detailed explanation justifying why each

17 employee is being paid with capital funds.

18 SEC. 148. The District of Columbia Government

19 Comprehensive Merit Personnel Act of 1978, effective

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

21 et seq.), is amended as follows:

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

23 amended as follows:

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

25 read as follows:
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1 ‘‘(13A) ‘Nonschool-based personnel’ means any

2 employee of the District of Columbia Public Schools

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

4 provide direct services to individual students.’’.

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

6 read as follows:

7 ‘‘(15A) ‘School administrators’ means prin8 cipals, assistant principals, school program directors,

9 coordinators, instructional supervisors, and support

10 personnel of the District of Columbia Public

11 Schools.’’.

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

13 609.1(b)(2)) is amended by adding a new subpara14 graph (L–i) to read as follows:

15 ‘‘(L–i) Notwithstanding any other provi16 sion of law, the Board of Education shall not

17 issue rules that require or permit nonschool18 based personnel or school administrators to be

19 assigned or reassigned to the same competitive

20 level as classroom teachers;’’

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

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

23 follows:

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

25 Board of Education shall not require or permit nonschool-
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1 based personnel or school administrators to be assigned

2 or reassigned to the same competitive level as classroom

3 teachers.’’.

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

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

6 Columbia Public Schools shall be—

7 (1) classified as an Educational Service em8 ployee’

9 (2) placed under the personnel authority of the

10 Board of Education; and

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

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

13 competitive area from nonschool-based personnel who shall

14 not compete with school-based personnel for retention pur15 poses.

16 SEC. 150. The District of Columbia Government

17 Comprehensive Merit Personnel Act of 1978, effective

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

19 et seq.), is amended as follows:

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

21 amended by amending the third sentence to read as

22 follows: ‘‘A personnel authority may establish lesser

23 competitive areas within an agency on the basis of

24 all or a clearly identifiable segment of an agency’s
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1 mission or a division or major subdivision of an

2 agency.’’.

3 (b) A new section 2406 is added to read as fol4 lows:

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

6 1996.

7 ‘‘(a) Notwithstanding any other provision of law, reg8 ulation, or collective bargaining agreement either in effect

9 or to be negotiated while this legislation is in effect for

10 the fiscal year ending September 30, 1996, each agency

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

12 to identify positions for abolishment.

13 ‘‘(b) Prior to February 1, 1996, each personnel au14 thority shall make a final determination that a position

15 within the personnel authority is to be abolished.

16 ‘‘(c) Notwithstanding any rights or procedures estab17 lished by any other provision of this title, any District gov18 ernment employee, regardless of date of hire, who encum19 bers a position identified for abolishment shall be sepa20 rated without competition or assignment rights, except as

21 provided in this section.

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

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

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

25 to 1 round of lateral competition pursuant to Chapter 24
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1 of the District of Columbia Personnel Manual, which shall

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

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

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

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

6 For purposes of this subsection only, a nonresident Dis7 trict employee who was hired by the District government

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

9 service since that date, or a former employee of the U.S.

10 Department of Health and Human Services at Saint Eliz11 abeths Hospital who accepted employment with the Dis12 trict government on October 1, 1987, and has not had

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

14 District resident.

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

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

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

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

19 smaller than an agency, nor the determination that a spe20 cific position is to be abolished, nor separation pursuant

21 to this section shall be subject to review except as fol22 lows—

23 ‘‘(1) an employee may file a complaint contest24 ing a determination or a separation pursuant to title

25 XV of this Act or section 303 of the Human Rights
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1 Act of 1977, effective December 13, 1977 (D.C.

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

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

4 Employee Appeals an appeal contesting that the sep5 aration procedures of subsections (d) and (f) of this

6 section were not properly applied.

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

8 shall be entitled to severance pay in accordance with title

9 XI of this Act, except that the following shall be included

10 in computing creditable service for severance pay for em11 ployees separated pursuant to this section—

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

13 for veteran’s preference under this act, and

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

15 for residency preference under this act.

16 ‘‘(i) Separation pursuant to this section shall not af17 fect an employee’s rights under either the Agency Reem18 ployment Priority Program or the Displaced Employee

19 Program established pursuant to Chapter 24 of the Dis20 trict Personnel Manual.

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

22 of all positions to be abolished by agency and responsibility

23 center by March 1, 1996, or upon the delivery of termi24 nation notices to individual employees.
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1 ‘‘(k) Notwithstanding the provisions of section 1708

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

3 deemed negotiable.

4 ‘‘(l) A personnel authority shall cause a 30-day termi5 nation notice to be served, no later than September 1,

6 1996, on any incumbent employee remaining in any posi7 tion identified to be abolished pursuant to subsection (b)

8 of this section’’.

9 SEC. 151. Notwithstanding any other provision of

10 law, the total amount appropriated in this Act for operat11 ing expenses for the District of Columbia for fiscal year

12 1996 under the caption ‘‘Division of Expenses’’ shall not

13 exceed $4,867,283,000.

14 REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON

15 CORRECTIONAL COMPLEX

16 SEC. 152. (a) DEVELOPMENT OF PLAN.—

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

18 1996, the District of Columbia shall develop a plan

19 for closing the Lorton Correctional Complex over a

20 transition period not to exceed 5 years in length.

21 (2) REQUIREMENTS OF PLAN.—The plan devel22 oped by the District of Columbia under paragraph

23 (1) shall meet the following requirements:

24 (A) Under the plan, the Lorton Correc25 tional Complex will be closed by the expiration

26 of the transition period.
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1 (B) Under the plan, the District of Colum2 bia may not operate any correctional facilities

3 on the Federal property known as the Lorton

4 Complex located in Fairfax County, Virginia,

5 after the expiration of the transition period.

6 (C) The plan shall include provisions speci7 fying how and to what extent the District will

8 utilize alternative management, including the

9 private sector, for the operation of correctional

10 facilities for the District, and shall include pro11 visions describing the treatment under such al12 ternative management (including under con13 tracts) of site selection, design, financing, con14 struction, and operation of correctional facilities

15 for the District.

16 (D) The plan shall include an implementa17 tion schedule, together with specific perform18 ance measures and timelines to determine the

19 extent to which the District is meeting the

20 schedule during the transition period.

21 (E) Under the plan, the Mayor of the Dis22 trict of Columbia shall submit a semi-annual re23 port to the President, Congress, and the Dis24 trict of Columbia Financial Responsibility and

25 Management Assistance Authority describing
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1 the actions taken by the District under the

2 plan, and in addition shall regularly report to

3 the President, Congress, and the District of Co4 lumbia Financial Responsibility and Manage5 ment Assistance Authority on all significant

6 measures taken under the plan as soon as such

7 measures are taken.

8 (b) CONSISTENCY WITH FINANCIAL PLAN AND

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

10 the District of Columbia shall ensure that for each of the

11 years during which the plan is in effect, the plan shall

12 be consistent with the financial plan and budget for the

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

14 II of the District of Columbia Financial Responsibility and

15 Management Assistance Act of 1995.

16 (c) SUBMISSION OF PLAN.—Upon completing the de17 velopment of the plan under subsection (a), the District

18 of Columbia shall submit the plan to the President, Con19 gress, and the District of Columbia Financial Responsibil20 ity and Management Assistance Authority.

21 PROHIBITION AGAINST ADOPTION BY UNMARRIED

22 COUPLES

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

24 Code, is amended—
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1 (1) by striking ‘‘Any person’’ and inserting ‘‘(a)

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

3 (2) by adding at the end the following sub4 section:

5 ‘‘(b) No person may join in a petition under this sec6 tion unless the person is the spouse of the petitioner.’’.

7 (b) NO EFFECT ON PETITIONS FOR ADOPTION

8 FILED BY INDIVIDUAL UNMARRIED PETITIONER.—Noth9 ing in section 16–302(b), D.C. Code (as added by sub10 section (a)) shall be construed to affect the ability of any

11 unmarried person to file a petition for adoption in the Su12 perior Court of the District of Columbia where no other

13 person joins in the petition.

14 TECHNICAL CORRECTIONS TO FINANCIAL

15 RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT

16 SEC. 154. (a) REQUIRING GSA TO PROVIDE SUP17 PORT SERVICES.—Section 103(f) of the District of Colum18 bia Financial Responsibility and Management Assistance

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

20 inserting ‘‘shall promptly provide’’.

21 (b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS

22 FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU23 THORITY.—

24 (1) FORMER FEDERAL EMPLOYEES.—Sub25 section (e) of section 102 of such Act is amended to

26 read as follows:
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1 ‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN

2 OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME

3 EMPLOYED BY THE AUTHORITY.—

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

5 becomes employed by the Authority—

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

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

8 as that individual remains continuously em9 ployed by the Authority, as if such individual

10 had not separated from service with the Federal

11 Government, subject to paragraph (3); and

12 ‘‘(B) shall, if such employee subsequently

13 becomes reemployed by the Federal Govern14 ment, be entitled to have such individual’s serv15 ice with the Authority treated, for purposes of

16 determining the appropriate leave accrual rate,

17 as if it had been service with the Federal Gov18 ernment.

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

20 made by an individual under the provisions of para21 graph (1)(A)—

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

23 treatment described in such provisions for pur24 poses of—
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1 ‘‘(i) chapter 83 or 84 of title 5, Unit2 ed States Code, as appropriate (relating to

3 retirement), including the Thrift Savings

4 Plan;

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

6 to life insurance); and

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

8 to health insurance); and

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

10 such election remains in effect, from participat11 ing in the programs offered by the government

12 of the District of Columbia (if any) correspond13 ing to the respective programs referred to in

14 subparagraph (A).

15 ‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF16 FECTIVE.—An election made by an individual under

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

18 ‘‘(A) it is made before such individual sep19 arates from service with the Federal Govern20 ment; and

21 ‘‘(B) such individual’s service with the Au22 thority commences within 3 days after so sepa23 rating (not counting any holiday observed by

24 the government of the District of Columbia).
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1 ‘‘(4) CONTRIBUTIONS.—If an individual makes

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

3 shall, in accordance with applicable provisions of law

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

5 making the same deductions from pay and the same

6 agency contributions as would be required if it were

7 a Federal agency.

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

9 to carry out this subsection shall be prescribed by—

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

11 to the extent that any program administered by

12 the Office is involved;

13 ‘‘(B) the appropriate office or agency of

14 the government of the District of Columbia, to

15 the extent that any program administered by

16 such office or agency is involved; and

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

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

19 the extent that the Thrift Savings Plan is in20 volved.’’.

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

22 Act is further amended by adding at the end the fol23 lowing:

24 ‘‘(f) FEDERAL BENEFITS FOR OTHERS.—
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1 ‘‘(1) IN GENERAL.—The Office of Personnel

2 Management, in conjunction with each correspond3 ing office or agency of the government of the Dis4 trict of Columbia, shall prescribe regulations under

5 which any individual who becomes employed by the

6 Authority (under circumstances other than as de7 scribed in subsection (e)) may elect either—

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

9 purposes of the programs referred to in sub10 section (e)(2)(A)(i)-(iii); or

11 ‘‘(B) to participate in 1 or more of the cor12 responding programs offered by the government

13 of the District of Columbia.

14 ‘‘(2) EFFECT OF AN ELECTION.—An individual

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

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

17 election remains in effect, from participating in any

18 of the programs referred to in the other such sub19 paragraph.

20 ‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE

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

22 term ‘corresponding office or agency of the govern23 ment of the District of Columbia’ means, with re24 spect to any program administered by the Office of

25 Personnel Management, the office or agency respon-
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1 sible for administering the corresponding program

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

3 Columbia.

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

5 that the Thrift Savings Plan is involved, the preced6 ing provisions of this subsection shall be applied by

7 substituting ‘the Executive Director referred to in

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

9 Office of Personnel Management’.’’.

10 (3) EFFECTIVE DATE; ADDITIONAL ELECTION

11 FOR FORMER FEDERAL EMPLOYEES SERVING ON

12 DATE OF ENACTMENT; ELECTION FOR EMPLOYEES

13 APPOINTED DURING INTERIM PERIOD.—

14 (A) EFFECTIVE DATE.—Not later than 6

15 months after the date of enactment of this Act,

16 there shall be prescribed (and take effect)—

17 (i) regulations to carry out the

18 amendments made by this subsection; and

19 (ii) any other regulations necessary to

20 carry out this subsection.

21 (B) ADDITIONAL ELECTION FOR FORMER

22 FEDERAL EMPLOYEES SERVING ON DATE OF

23 ENACTMENT.—

24 (i) IN GENERAL.—Any former Federal

25 employee employed by the Authority on the
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1 effective date of the regulations referred to

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

3 period as may be provided for under those

4 regulations, make an election similar, to

5 the maximum extent practicable, to the

6 election provided for under section 102(e)

7 of the District of Columbia Financial Re8 sponsibility and Management Assistance

9 Act of 1995, as amended by this sub10 section. Such regulations shall be pre11 scribed jointly by the Office of Personnel

12 Management and each corresponding office

13 or agency of the government of the District

14 of Columbia (in the same manner as pro15 vided for in section 102(f) of such Act, as

16 so amended).

17 (ii) EXCEPTION.—An election under

18 this subparagraph may not be made by

19 any individual who—

20 (I) is not then participating in a

21 retirement system for Federal employ22 ees (disregarding Social Security); or

23 (II) is then participating in any

24 program of the government of the

25 District of Columbia referred to in
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1 section 102(e)(2)(B) of such Act (as

2 so amended).

3 (C) ELECTION FOR EMPLOYEES AP4 POINTED DURING INTERIM PERIOD.—

5 (i) FROM THE FEDERAL GOVERN6 MENT.—Subsection (e) of section 102 of

7 the District of Columbia Financial Respon8 sibility and Management Assistance Act of

9 1995 (as last in effect before the date of

10 enactment of this Act) shall be deemed to

11 have remained in effect for purposes of any

12 Federal employee who becomes employed

13 by the District of Columbia Financial Re14 sponsibility and Management Assistance

15 Authority during the period beginning on

16 such date of enactment and ending on the

17 day before the effective date of the regula18 tions prescribed to carry out subparagraph

19 (B).

20 (ii) OTHER INDIVIDUALS.—The regu21 lations prescribed to carry out subsection

22 (f) of section 102 of the District of Colum23 bia Financial Responsibility and Manage24 ment Assistance Act of 1995 (as amended

25 by this subsection) shall include provisions
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1 under which an election under such sub2 section shall be available to any individual

3 who—

4 (I) becomes employed by the Dis5 trict of Columbia Financial Respon6 sibility and Management Assistance

7 Authority during the period beginning

8 on the date of enactment of this Act

9 and ending on the day before the ef10 fective date of such regulations;

11 (II) would have been eligible to

12 make an election under such regula13 tions had those regulations been in ef14 fect when such individual became so

15 employed; and

16 (III) is not then participating in

17 any program of the government of the

18 District of Columbia referred to in

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

20 102 (as so amended).

21 (c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR

22 AUTHORITY EMPLOYEES.—Section 104 of such Act is

23 amended—
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1 (1) by striking ‘‘the Authority and its mem2 bers’’ and inserting ‘‘the Authority, its members,

3 and its employees’’; and

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

5 inserting ‘‘the Authority or its members or employ6 ees or the District of Columbia’’.

7 (d) PERMITTING REVIEW OF EMERGENCY LEGISLA8 TION.—Section 203(a)(3) of such Act is amended by strik9 ing subparagraph (C).

10 TITLE II—DISTRICT OF

11 COLUMBIA SCHOOL REFORM

12 SEC. 2001. SHORT TITLE.

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

14 School Reform Act of 1995’’.

15 SEC. 2002. DEFINITIONS.

16 Except as otherwise provided, for purposes of this

17 title:

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means—

21 (A) the Committee on Appropriations of

22 the House of Representatives and the Commit23 tee on Appropriations of the Senate;

24 (B) the Committee on Economic and Edu25 cational Opportunities of the House of Rep-
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1 resentatives and the Committee on Labor and

2 Human Resources of the Senate; and

3 (C) the Committee on Government Reform

4 and Oversight of the House of Representatives

5 and the Committee on Governmental Affairs of

6 the Senate.

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

8 the District of Columbia Financial Responsibility

9 and Management Assistance Authority established

10 under section 101(a) of the District of Columbia Fi11 nancial Responsibility and Management Assistance

12 Act of 1995 (Public Law 104–8).

13 (3) AVERAGE DAILY ATTENDANCE.—The term

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

15 to a school and a period of time, means the aggre16 gate attendance of the school during the period di17 vided by the number of days during the period on

18 which—

19 (A) the school is in session; and

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

21 guidance and direction of teachers.

22 (4) AVERAGE DAILY MEMBERSHIP.—

23 (A) INDIVIDUAL SCHOOL.—The term ‘‘av24 erage daily membership’’, when used with re25 spect to a school and a period of time, means
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1 the aggregate enrollment of the school during

2 the period divided by the number of days dur3 ing the period on which—

4 (i) the school is in session; and

5 (ii) the pupils of the school are under

6 the guidance and direction of teachers.

7 (B) GROUPS OF SCHOOLS.—The term ‘‘av8 erage daily membership’’, when used with re9 spect to a group of schools and a period of

10 time, means the average of the average daily

11 memberships during the period of the individual

12 schools that constitute the group.

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

14 of Education’’ means the Board of Education of the

15 District of Columbia.

16 (6) BOARD OF TRUSTEES.—The term ‘‘Board

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

18 charter school, the members of which board have

19 been selected pursuant to the charter granted to the

20 school and in a manner consistent with this title.

21 (7) CONTROL PERIOD.—The term ‘‘control pe22 riod’’ means a period of time described in section

23 209 of the District of Columbia Financial Respon24 sibility and Management Assistance Act of 1995

25 (Public Law 104–8).
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1 (8) CORE CURRICULUM.—The term ‘‘core cur2 riculum’’ means the concepts, factual knowledge,

3 and skills that students in the District of Columbia

4 should learn in kindergarten through 12th grade in

5 academic content areas, including, at a minimum,

6 English, mathematics, science, and history.

7 (9) DISTRICT OF COLUMBIA COUNCIL.—The

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

9 Council of the District of Columbia established pur10 suant to section 401 of the District of Columbia

11 Self-Government and Governmental Reorganization

12 Act (D.C. Code, sec. 1–221).

13 (10) DISTRICT OF COLUMBIA GOVERNMENT.—

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

15 Columbia government’’ means the government

16 of the District of Columbia, including—

17 (i) any department, agency, or instru18 mentality of the government of the District

19 of Columbia;

20 (ii) any independent agency of the

21 District of Columbia established under

22 part F of title IV of the District of Colum23 bia Self-Government and Governmental

24 Reorganization Act;
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1 (iii) any other agency, board, or com2 mission established by the Mayor or the

3 District of Columbia Council;

4 (iv) the courts of the District of Co5 lumbia;

6 (v) the District of Columbia Council;

7 and

8 (vi) any other agency, public author9 ity, or public benefit corporation that has

10 the authority to receive monies directly or

11 indirectly from the District of Columbia

12 (other than monies received from the sale

13 of goods, the provision of services, or the

14 loaning of funds to the District of Colum15 bia).

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

17 Columbia government’’ does not include the fol18 lowing:

19 (i) The Authority.

20 (ii) A public charter school.

21 (11) DISTRICT OF COLUMBIA GOVERNMENT RE22 TIREMENT SYSTEM.—The term ‘‘District of Colum23 bia government retirement system’’ means the re24 tirement programs authorized by the District of Co-
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1 lumbia Council or the Congress for employees of the

2 District of Columbia government.

3 (12) DISTRICT OF COLUMBIA PUBLIC

4 SCHOOL.—

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

6 Columbia public school’’ means a public school

7 in the District of Columbia that offers classes—

8 (i) at any of the grade levels from pre9 kindergarten through the 12th grade; or

10 (ii) leading to a general education di11 ploma.

12 (B) EXCEPTION.—The term does not in13 clude a public charter school.

14 (13) DISTRICT OF COLUMBIA PUBLIC

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

16 schools’’ means all schools that are District of Co17 lumbia public schools.

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

19 ‘‘district-wide assessments’’ means reliable and unbi20 ased student assessments administered by the Su21 perintendent to students enrolled in District of Co22 lumbia public schools and public charter schools.

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

24 applicant’’ means a person, including a private, pub25 lic, or quasi-public entity and an institution of high-
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1 er education (as defined in section 481 of the High2 er Education Act of 1965), who seeks to establish a

3 public charter school.

4 (16) ELIGIBLE CHARTERING AUTHORITY.—The

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

6 the following:

7 (A) The Board of Education.

8 (B) Any of the following public or feder9 ally-chartered universities:

10 (i) Howard University.

11 (ii) Gallaudet University.

12 (iii) American University.

13 (iv) George Washington University.

14 (v) The University of the District of

15 Columbia.

16 (C) Any other entity designated by enact17 ment of a bill as an eligible chartering authority

18 by the District of Columbia Council after the

19 date of the enactment of this Act.

20 (17) FACILITIES MANAGEMENT.—The term ‘‘fa21 cilities management’’ means the administration, con22 struction, renovation, repair, maintenance, remodel23 ing, improvement, or other oversight, of a building

24 or real property of a District of Columbia public

25 school. The term does not include the performance
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1 of any such act with respect to real property owned

2 by a public charter school.

3 (18) FAMILY RESOURCE CENTER.—The term

4 ‘‘family resource center’’ means an information

5 desk—

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

7 students whose family income is not greater

8 than 185 percent of the poverty guidelines up9 dated annually in the Federal Register by the

10 Department of Health and Human Services

11 under authority of section 673(2) of the Omni12 bus Budget Reconciliation Act of 1981; and

13 (B) which links students and families to

14 local resources and public and private entities

15 involved in child care, adult education, health

16 and social services, tutoring, mentoring, and job

17 training.

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

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

20 by the Superintendent under section 2101.

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

22 Mayor of the District of Columbia.

23 (21) METROBUS AND METRORAIL TRANSIT SYS24 TEM.—The term ‘‘Metrobus and Metrorail Transit

25 System’’ means the bus and rail systems adminis-
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1 tered by the Washington Metropolitan Area Transit

2 Authority.

3 (22) MINOR STUDENT.—The term ‘‘minor stu4 dent’’ means an individual who—

5 (A) is enrolled in a District of Columbia

6 public schools or a public charter school; and

7 (B) is not beyond the age of compulsory

8 school attendance, as prescribed in section 1 of

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

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

11 402, D.C. Code).

12 (23) NONRESIDENT STUDENT.—The term

13 ‘‘nonresident student’’ means—

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

15 is enrolled in a District of Columbia public

16 school or a public charter school, and does not

17 have a parent residing in the District of Colum18 bia; or

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

20 and is enrolled in a District of Columbia public

21 school or public charter school, and does not re22 side in the District of Columbia.

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

24 World Class Schools Panel established under subtitle

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

2 person who has custody of a child enrolled in a Dis3 trict of Columbia public school or a public charter

4 school, and who—

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

6 (B) is a stepparent of the child;

7 (C) has adopted the child; or

8 (D) is appointed as a guardian for the

9 child by a court of competent jurisdiction.

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

11 written application, submitted by an eligible appli12 cant to an eligible chartering authority, to establish

13 a public charter school.

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

15 gate’’ means the criteria, developed by the Super16 intendent and approved by the Board of Education,

17 that are used to determine student promotion at dif18 ferent grade levels. Such criteria shall include

19 achievement on district-wide assessments that, to the

20 greatest extent practicable, measure student achieve21 ment of the core curriculum.

22 (28) PUBLIC CHARTER SCHOOL.—The term

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

24 school in the District of Columbia that is established
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1 pursuant to subtitle B. A public charter school is not

2 a part of the District of Columbia public schools.

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

4 (A) a public charter school; or

5 (B) any other day or residential school

6 that provides elementary or secondary edu7 cation, as determined under State or District of

8 Columbia law.

9 (30) STUDENT WITH SPECIAL NEEDS.—The

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

11 given such term by the Mayor and the District of

12 Columbia Council under section 2301.

13 (31) SUPERINTENDENT.—The term ‘‘Super14 intendent’’ means the Superintendent of the District

15 of Columbia public schools.

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

17 any person employed as a teacher by the Board of

18 Education or by a public charter school.

19 Subtitle A—District of Columbia

20 Reform Plan

21 SEC. 2101. LONG-TERM REFORM PLAN.

22 (a) IN GENERAL.—

23 (1) PLAN.—The Superintendent, with the ap24 proval of the Board of Education, shall submit to

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

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

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

4 the financial plan and budget for the District of Co5 lumbia for fiscal year 1996 required under section

6 201 of the District of Columbia Financial Respon7 sibility and Management Assistance Act of 1995

8 (Public Law 104–8).

9 (2) CONSULTATION.—

10 (A) IN GENERAL.—In developing the long11 term reform plan, the Superintendent—

12 (i) shall consult with the Board of

13 Education, Mayor, and District of Colum14 bia Council, and, in a control period, with

15 the Authority; and

16 (ii) shall afford the public, interested

17 organizations, and groups an opportunity

18 to present their views and make rec19 ommendations regarding the long-term re20 form plan.

21 (B) SUMMARY OF RECOMMENDATIONS.—

22 The Superintendent shall include in the long23 term plan a summary of the recommendations

24 made under subparagraph (A)(ii) and the re-
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1 sponse of the Superintendent to these rec2 ommendations.

3 (b) CONTENTS.—

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

5 plan shall describe how the District of Columbia

6 public schools will become a world-class education

7 system which prepares students for life-time learning

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

9 best education systems of other nations. The plan

10 shall include a description of how the District of Co11 lumbia public schools will accomplish the following:

12 (A) Achievement at nationally- and inter13 nationally-competitive levels by students attend14 ing District of Columbia public schools.

15 (B) The creation of a performance-oriented

16 workforce.

17 (C) The construction and repair of District

18 of Columbia public school facilities.

19 (D) Local school governance, decentraliza20 tion, autonomy, and parental choice among Dis21 trict of Columbia public schools; and

22 (E) The implementation of an efficient and

23 effective adult literacy program.
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1 (2) OTHER INFORMATION.—For each of the

2 items in subparagraphs (A) through (G) of para3 graph (1), the long-term plan shall include—

4 (A) a statement of measurable, objective

5 performance goals;

6 (B) a description of the measures of per7 formance to be used in determining whether the

8 Superintendent and Board of Education have

9 met the goals;

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

11 (D) plans for monitoring and reporting

12 progress to District of Columbia residents, the

13 appropriate congressional committees, the

14 Mayor, the District of Columbia Council, and

15 the Authority; and

16 (E) the title of the management employee

17 of the District of Columbia public schools most

18 directly responsible for the achievement of each

19 goal and, with respect to each such employee,

20 the title of the employee’s immediate supervisor

21 or superior.

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

23 approval of the Board of Education, shall submit any

24 amendment to the long-term plan to the appropriate con25 gressional committees. Any amendment to the long-term
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1 plan shall be consistent with the financial plan and budget

2 for fiscal year 1996 for the District of Columbia required

3 under section 201 of the District of Columbia Financial

4 Responsibility and Management Assistance Act of 1995

5 (Public Law 104–8).

6 Subtitle B—Public Charter Schools

7 SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS.

8 (a) EXISTING PUBLIC SCHOOL.—An eligible appli9 cant seeking to convert an existing District of Columbia

10 public school into a public charter school—

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

12 charter school that meets the requirements of sec13 tion 2152;

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

15 (A) the parents of minor students attend16 ing the existing school;

17 (B) adult students attending the existing

18 school; and

19 (C) employees of the existing school;

20 (3) shall file the petition with an eligible char21 tering authority for approval after the petition—

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

23 total number of—

24 (i) parents of minor students attend25 ing the school; and
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1 (ii) adult students attending the

2 school; and

3 (B) has been endorsed by at least a major4 ity of full-time teachers at the school; and

5 (4) shall explain in the petition the relationship

6 that will exist between the public charter school and

7 its employees.

8 (b) INDEPENDENT OR PRIVATE SCHOOL.—An eligi9 ble applicant seeking to convert an existing independent

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

11 charter school—

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

13 charter school that meets the requirements of sec14 tion 2152;

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

16 (A) the parents of minor students attend17 ing the existing school;

18 (B) adult students attending the existing

19 school; and

20 (C) employees of the existing school;

21 (3) shall file the petition with an eligible char22 tering authority for approval after the petition—

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

24 total number of—
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1 (i) parents of minor students attend2 ing the school; and

3 (ii) adult students attending the

4 school; and

5 (B) has been endorsed by at least a major6 ity of full-time teachers at the school; and

7 (4) shall explain in the petition the relationship

8 that will exist between the public charter school and

9 its employees.

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

11 establish in the District of Columbia a public charter

12 school, but not seeking to convert an existing public, pri13 vate, or independent school into a public charter school,

14 shall file with an eligible chartering authority for approval

15 a petition to establish a public charter school that meets

16 the requirements of section 2152.

17 SEC. 2152. CONTENTS OF PETITION.

18 A petition to establish a public charter school shall

19 include the following:

20 (1) A statement defining the mission and goals

21 of the proposed school.

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

23 school in the geographic area of the school site.
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1 (3) A description of the proposed instructional

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

3 a minimum—

4 (A) the methods that will be used to pro5 vide students with the knowledge, proficiency,

6 and skills needed—

7 (i) to become nationally and inter8 nationally competitive students and edu9 cated individuals in the 21st century; and

10 (ii) to perform competitively on any

11 districtwide assessments; and

12 (B) the methods that will be used to im13 prove student self-motivation, classroom in14 struction, and learning for all students.

15 (4) A description of the plan for evaluating stu16 dent academic achievement of the proposed school

17 and the procedures for remedial action that will be

18 used by the school when the academic achievement

19 of a student falls below the expectations of the

20 school.

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

22 the proposed school that is based on anticipated en23 rollment and contains—

24 (A) a description of the method for con25 ducting annual audits of the financial, adminis-
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1 trative, and programmatic operations of the

2 school;

3 (B) either—

4 (i) an identification of the site where

5 the school will be located, including a de6 scription of any buildings on the site and

7 any buildings proposed to be constructed

8 on the site; or

9 (ii) a timetable by which a such an

10 identification will be made;

11 (C) a description of any major contracts

12 planned, with a value equal to or exceeding

13 $10,000, for equipment and services, leases, im14 provements, purchases of real property, or in15 surance; and

16 (D) a timetable for commencing operations

17 as a public charter school.

18 (6) A description of the proposed rules and poli19 cies for governance and operation of the school.

20 (7) Copies of the proposed articles of incorpora21 tion and bylaws of the school.

22 (8) The names and addresses of the members

23 of the proposed Board of Trustees.

24 (9) A description of the student enrollment, ad25 mission, suspension, and expulsion policies and pro-
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1 cedures of the proposed school, and the criteria for

2 making decisions in such areas.

3 (10) A description of the procedures the school

4 plans to follow to ensure the health and safety of

5 students, employees, and guests of the school and to

6 comply with applicable health and safety laws and

7 regulations of the Federal Government and the Dis8 trict of Columbia.

9 (11) An explanation of the qualifications that

10 will be required of employees of the proposed school.

11 (12) An identification, and a description, of the

12 individuals and entities submitting the application,

13 including their names and addresses, and the names

14 of the organizations or corporations of which such

15 individuals are directors or officers.

16 SEC. 2153. PROCESS FOR APPROVING OR DENYING CHAR17 TER PETITIONS.

18 (a) SCHEDULE.—An eligible chartering authority

19 may establish a schedule for receiving petitions to estab20 lish a public charter school and shall publish any such

21 schedule in the District of Columbia Register. An eligible

22 chartering authority shall make a copy of any such sched23 ule available to all interested persons upon request.

24 (b) PUBLIC HEARING.—Not later than 45 days after

25 a petition to establish a public charter school is filed with
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1 an eligible chartering authority, the authority shall hold

2 a public hearing on the petition to gather the information

3 that is necessary for the authority to make the decision

4 to approve or deny the petition.

5 (c) NOTICE.—Not later than 10 days prior to the

6 scheduled date of a public hearing on a petition to estab7 lish a public charter school, an eligible chartering author8 ity—

9 (1) shall publish a notice of the hearing in the

10 District of Columbia Register; and

11 (2) shall send a written notification of the hear12 ing date to the eligible applicant who filed the peti13 tion.

14 (d) APPROVAL OR DENIAL.—Subject to subsection

15 (i), an eligible chartering authority shall approve a petition

16 to establish a public charter school, if—

17 (1) the authority determines that the petition

18 satisfies the requirements of this subtitle; and

19 (2) the eligible applicant who filed the petition

20 agrees to satisfy any condition or requirement, con21 sistent with this title and other applicable law, that

22 is set forth in writing by the eligible chartering au23 thority as an amendment to the petition.

24 (e) TIMETABLE.—An eligible chartering authority

25 shall approve or deny a petition to establish a public char-
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1 ter school not later than 45 days after the conclusion of

2 the public hearing on the petition.

3 (f) EXTENSION.—An eligible chartering authority

4 and an eligible applicant may agree to extend the 45-day

5 time period referred to in subsection (e) by a period that

6 does not exceed 30 days.

7 (g) EXPLANATION.—If an eligible chartering author8 ity denies a petition or finds it to be incomplete, the au9 thority shall specify in writing the reasons for its decision

10 and indicate, when appropriate, how the eligible applicant

11 who filed the petition may revise the petition to satisfy

12 the requirements for approval.

13 (h) APPROVED PETITION.—

14 (1) NOTICE.—Not later than 10 days after an

15 eligible chartering authority approves a petition to

16 establish a public charter school, the authority shall

17 provide a written notice of the approval, including a

18 copy of the approved petition and any conditions or

19 requirements agreed to under subsection (d)(2), to

20 the eligible applicant and to the Chief Financial Of21 ficer of the District of Columbia. The eligible char22 tering authority shall publish a notice of the ap23 proval of the petition in the District of Columbia

24 Register.
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1 (2) CHARTER.—The provisions of a petition to

2 establish a public charter school that has been ap3 proved by an eligible chartering authority, together

4 with any amendments to the petition containing con5 ditions or requirements agreed to by the eligible ap6 plicant under subsection (d)(2), shall be considered

7 a charter granted to the school by the authority.

8 (i) SPECIAL RULES FOR FIRST YEAR.—During the

9 one-year period beginning on the date of the enactment

10 of this Act, each eligible chartering authority—

11 (1) may approve not more than one petition

12 filed by an eligible applicant seeking to convert an

13 existing independent or private school into a public

14 charter school; and

15 (2) in considering a petition to establish a pub16 lic charter school filed by any eligible applicant, shall

17 consider whether the school will focus on students

18 with special needs.

19 (j) EXCLUSIVE AUTHORITY OF CHARTERING AU20 THORITY.—Notwithstanding any other Federal law or law

21 of the District of Columbia, no governmental entity, elect22 ed official, or employee of the District of Columbia may

23 make, participate in making, or intervene in the making

24 of, the decision to approve or deny a petition to establish
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1 a public charter school, except the eligible chartering au2 thority with which the petition was filed.

3 SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIRE4 MENTS ON, PUBLIC CHARTER SCHOOLS.

5 (a) DUTIES.—A public charter school shall comply

6 with—

7 (1) this subtitle;

8 (2) any other provision of law applicable to the

9 school; and

10 (3) all of the terms and provisions of its char11 ter.

12 (b) POWERS.—A public charter school shall have all

13 of the powers necessary for carrying out its charter, in14 cluding the following powers:

15 (1) To adopt a name and corporate seal, but

16 only if the name selected includes the words ‘‘public

17 charter school’’.

18 (2) To acquire real property for use as its

19 school facilities, from public or private sources.

20 (3) To receive and disburse funds for school

21 purposes.

22 (4) Subject to subsection (c)(1), to secure ap23 propriate insurance and to make contracts and

24 leases, including agreements to procure or purchase

25 services, equipment, and supplies.
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1 (5) To incur debt in reasonable anticipation of

2 the receipt of funds from the general fund of the

3 District of Columbia or the receipt of other Federal

4 or private funds.

5 (6) To solicit and accept any grants or gifts for

6 school purposes, if the school—

7 (A) does not accept any grants or gifts

8 subject to any condition contrary to law or con9 trary to the terms of the petition to establish

10 the school as a public charter school; and

11 (B) maintains separate accounts for grants

12 or gifts for financial reporting purposes.

13 (7) To be responsible for its own operation, in14 cluding preparation of a budget and personnel mat15 ters.

16 (8) To sue and be sued in its own name.

17 (c) PROHIBITIONS AND OTHER REQUIREMENTS.—

18 (1) CONTRACTING AUTHORITY.—

19 (A) NOTICE REQUIREMENT.—Except in

20 the case of an emergency, with respect to any

21 contract proposed to be awarded by a public

22 charter school and having a value equal to or

23 exceeding $10,000, the school shall publish a

24 notice of a request for proposals in the District
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1 of Columbia Register not less than 30 days

2 prior to the award of the contract.

3 (B) SUBMISSION TO AUTHORITY.—

4 (i) DEADLINE FOR SUBMISSION.—

5 With respect to any contract described in

6 subparagraph (A) that is awarded by a

7 public charter school, the school shall sub8 mit to the Authority, not later than 3 days

9 after the date on which the award is made,

10 all bids for the contract received by the

11 school, the name of the contractor who is

12 awarded the contract, and the rationale for

13 the award of the contract.

14 (ii) EFFECTIVE DATE OF CON15 TRACT.—

16 (I) IN GENERAL.—Subject to

17 subclause (II), a contract described in

18 subparagraph (A) shall become effec19 tive on the date that is 15 days after

20 the date the school makes the submis21 sion under clause (i) with respect to

22 the contract, or the effective date

23 specified in the contract, whichever is

24 later.
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1 (II) EXCEPTION.—A contract de2 scribed in subparagraph (A) shall be

3 considered null and void if the Au4 thority determines, within 12 days of

5 the date the school makes the submis6 sion under clause (i) with respect to

7 the contract, that the contract endan8 gers the economic viability of the pub9 lic charter school.

10 (2) TUITION.—A public charter school may not

11 charge tuition, fees, or other mandatory payments,

12 except to nonresident students.

13 (3) CONTROL.—A public charter school—

14 (A) shall exercise exclusive control over its

15 expenditures, administration, personnel, and in16 structional methods, within the limitations im17 posed in this title; and

18 (B) shall be exempt from statutes, policies,

19 rules, and regulations governing District of Co20 lumbia public schools established by the Super21 intendent, Board of Education, Mayor, District

22 of Columbia Council, or Authority, except as

23 otherwise provided in this title or in the charter

24 granted to the school.
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1 (4) AUDITS.—A public charter school shall be

2 subject to the same financial audits, audit proce3 dures, and fiduciary requirements as a District of

4 Columbia public school.

5 (5) GOVERNANCE.—A public charter school

6 shall be governed by a Board of Trustees in a man7 ner consistent with the charter granted to the

8 school, the provisions of this title, and any other law

9 applicable to the school.

10 (6) OTHER STAFF.—No employee of the Dis11 trict of Columbia public schools may be required to

12 accept employment with, or be assigned to, a public

13 charter school.

14 (7) OTHER STUDENTS.—No student enrolled in

15 a District of Columbia public school may be required

16 to attend a public charter school.

17 (8) TAXES OR BONDS.—A public charter school

18 shall not levy taxes or issue bonds.

19 (9) CHARTER REVISION.—A public charter

20 school seeking to revise its charter shall prepare a

21 petition for approval of the revision and file it with

22 the eligible chartering authority that granted the

23 charter. The provisions of section 2153 shall apply

24 to such a petition in the same manner as such provi-
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1 sions apply to a petition to establish a public charter

2 school.

3 (10) ANNUAL REPORT.—

4 (A) IN GENERAL.—A public charter school

5 shall submit an annual report to the eligible

6 chartering authority that approved its charter

7 and to the Authority. The school shall permit a

8 member of the public to review any such report

9 upon request.

10 (B) CONTENTS.—A report submitted

11 under subparagraph (A) shall include the fol12 lowing data:

13 (i) Student performance on any dis14 trict-wide assessments.

15 (ii) Grade advancement for students

16 enrolled in the public charter school.

17 (iii) Graduation rates, college admis18 sion test scores, and college admission

19 rates, if applicable.

20 (iv) Types and amounts of parental

21 involvement.

22 (v) Official student enrollment.

23 (vi) Average daily attendance.

24 (vii) Average daily membership.
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1 (viii) A financial statement audited by

2 an independent certified public accountant.

3 (ix) A list of all donors and grantors

4 that have contributed monetary or in-kind

5 donations having a value equal or exceed6 ing $500 during the year that is the sub7 ject of the report.

8 (C) NONIDENTIFYING DATA.—Data de9 scribed in subparagraph (B) that are included

10 in an annual report may not identify the indi11 viduals to whom the data pertain.

12 (11) STUDENT ENROLLMENT REPORT.—A pub13 lic charter school shall report to the Mayor and the

14 District of Columbia Council annual student enroll15 ment on a grade-by-grade basis, including students

16 with special needs, in a manner and form that per17 mits the Mayor and the District of Columbia Council

18 to comply with subtitle E.

19 (12) CENSUS.—A public charter school shall

20 provide to the Board of Education student enroll21 ment data necessary for the Board to comply with

22 section 3 of article II of the Act of February 4,

23 1925 (D.C. Code, sec. 31–404) (relating to census

24 of minors).
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1 (13) COMPLAINT RESOLUTION PROCESS.—A

2 public charter school shall establish an informal

3 complaint resolution process.

4 (14) PROGRAM OF EDUCATION.—A public char5 ter school shall provide a program of education

6 which shall include one or more of the following:

7 (A) Pre-school.

8 (B) Pre-kindergarten.

9 (C) Any grade or grades from kindergarten

10 through 12th grade.

11 (D) Adult community, continuing, and vo12 cational education programs.

13 (15) NONSECTARIAN NATURE OF SCHOOLS.—A

14 public charter school shall be nonsectarian.

15 (16) NONPROFIT STATUS OF SCHOOL.—A pub16 lic charter school shall be organized under the Dis17 trict of Columbia Nonprofit Corporation Act (D.C.

18 Code, sec. 29–501 et seq.).

19 (17) IMMUNITY FROM CIVIL LIABILITY.—

20 (A) IN GENERAL.—A public charter school,

21 and its incorporators, Board of Trustees, offi22 cers, employees, and volunteers, shall be im23 mune from civil liability, both personally and

24 professionally, for any act or omission within
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1 the scope of their official duties unless the act

2 or omission—

3 (i) constitutes gross negligence;

4 (ii) constitutes an intentional tort; or

5 (iii) is criminal in nature.

6 (B) COMMON LAW IMMUNITY PRE7 SERVED.—Subparagraph (A) shall not be con8 strued to abrogate any immunity under com9 mon law of a person described in such subpara10 graph.

11 SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER

12 SCHOOL.

13 (a) BOARD OF TRUSTEES.—The members of a Board

14 of Trustees of a public charter school shall be elected or

15 selected pursuant to the charter granted to the school.

16 Such a board shall have an odd number of members that

17 does not exceed 7, of which—

18 (1) a majority shall be residents of the District

19 of Columbia; and

20 (2) at least 2 shall be a parent of a student at21 tending the school.

22 (b) ELIGIBILITY.—An individual is eligible for elec23 tion or selection to the Board of Trustees of a public char24 ter school if the person—
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1 (1) is a teacher or staff member who is em2 ployed at the school;

3 (2) is a parent of a student attending the

4 school; or

5 (3) meets the selection or election criteria set

6 forth in the charter granted to the school.

7 (c) ELECTION OR SELECTION OF PARENTS.—In the

8 case of the first Board of Trustees of a public charter

9 school to be elected or selected after the date on which

10 the school is granted a charter, the election or selection

11 of the members under subsection (a)(2) shall occur on the

12 earliest practicable date after classes at the school have

13 commenced. Until such date, any other members who have

14 been elected or selected shall serve as an interim Board

15 of Trustees. Such an interim board may exercise all of

16 the powers, and shall be subject to all of the duties, of

17 a Board of Trustees.

18 (d) FIDUCIARIES.—The Board of Trustees of a public

19 charter school shall be fiduciaries of the school and shall

20 set overall policy for the school. The Board of Trustees

21 may make final decisions on matters related to the oper22 ation of the school, consistent with the charter granted

23 to the school, this title, and other applicable law.
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1 SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITH2 DRAWAL.

3 (a) OPEN ENROLLMENT.—Enrollment in a public

4 charter school shall be open to all students who are resi5 dents of the District of Columbia and, if space is available,

6 to nonresident students who meet the tuition requirement

7 in subsection (e).

8 (b) CRITERIA FOR ADMISSION.—A public charter

9 school may not limit enrollment on the basis of a student’s

10 intellectual or athletic ability, measures of achievement or

11 aptitude, or a student’s disability. A public charter school

12 may limit enrollment to specific grade levels or areas of

13 focus of the school, such as mathematics, science, or the

14 arts, where such a limitation is consistent with the charter

15 granted to the school.

16 (c) RANDOM SELECTION.—If there are more applica17 tions to enroll in a public charter school from students

18 who are residents of the District of Columbia than there

19 are spaces available, students shall be admitted using a

20 random selection process.

21 (d) ADMISSION TO AN EXISTING SCHOOL.—During

22 the 5-year period beginning on the date that a petition,

23 filed by an eligible applicant seeking to convert an existing

24 public, private, or independent school into a public charter

25 school, is approved, the school shall give priority in enroll26 ment to—
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1 (1) students enrolled in the school at the time

2 that the petition is granted;

3 (2) the siblings of students described in para4 graph (1); and

5 (3) in the case of the conversion of an existing

6 public school, students who reside within the attend7 ance boundaries, if any, in which the school is lo8 cated.

9 (e) NONRESIDENT STUDENTS.—Nonresident stu10 dents shall pay tuition to a public charter school at the

11 current rate established for District of Columbia public

12 schools administered by the Board of Education for the

13 type of program in which the student has enrolled.

14 (f) STUDENT WITHDRAWAL.—A student may with15 draw from a public charter school at any time and, if oth16 erwise eligible, enroll in a District of Columbia public

17 school administered by the Board of Education.

18 (g) EXPULSION AND SUSPENSION.—The principal of

19 a public charter school may expel or suspend a student

20 from the school based on criteria set forth in the charter

21 granted to the school.

22 SEC. 2157. EMPLOYEES.

23 (a) EXTENDED LEAVE OF ABSENCE WITHOUT

24 PAY.—
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1 (1) LEAVE OF ABSENCE FROM DISTRICT OF CO2 LUMBIA PUBLIC SCHOOLS.—The Superintendent

3 shall grant, upon request, an extended leave of ab4 sence, without pay, to an employee of the District of

5 Columbia public schools for the purpose of permit6 ting the employee to accept a position at a public

7 charter school for a 2-year term.

8 (2) REQUEST FOR EXTENSION.—At the end of

9 a 2-year term referred to in paragraph (1), an em10 ployee granted an extended leave of absence without

11 pay under the paragraph may submit a request to

12 the Superintendent for an extension of the leave of

13 absence for an additional 2-year term. The Super14 intendent may not unreasonably withhold approval

15 of the request.

16 (3) RIGHTS UPON TERMINATION OF LEAVE.—

17 An employee granted an extended leave of absence

18 without pay for the purpose described in paragraph

19 (1) shall have the same rights and benefits under

20 law upon termination of such leave of absence as an

21 employee of the District of Columbia public schools

22 who is granted an extended leave of absence without

23 pay for any other purpose.

24 (b) RETIREMENT SYSTEM.—
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1 (1) CREDITABLE SERVICE.—An employee of a

2 public charter school who has received a leave of ab3 sence under subsection (a) shall receive creditable

4 service, as defined in section 2604 of D.C. Law 2–

5 139, effective March 3, 1979, (D.C. Code, sec. 1–

6 627.4) and the rules established under such section,

7 for the period of the employee’s employment at the

8 public charter school.

9 (2) AUTHORITY TO ESTABLISH SEPARATE SYS10 TEM.—A public charter school may establish a re11 tirement system for employees under its authority.

12 (3) ELECTION OF RETIREMENT SYSTEM.—A

13 former employee of the District of Columbia public

14 schools who become an employee of a public charter

15 school within 60 after the date the employee’s em16 ployment with the District of Columbia public

17 schools is terminated may, at the time the employee

18 commences employment with the public charter

19 school, elect—

20 (A) to remain in a District of Columbia

21 government retirement system and continue to

22 receive creditable service for the period of their

23 employment at a public charter school; or
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1 (B) to transfer into a retirement system

2 established by the public charter school pursu3 ant to paragraph (2) .

4 (4) PROHIBITED EMPLOYMENT CONDITIONS.—

5 No public charter school may require a former em6 ployee of the District of Columbia public schools to

7 transfer to the public charter school’s retirement

8 system as a condition of employment.

9 (5) CONTRIBUTIONS.—

10 (A) EMPLOYEES ELECTING NOT TO TRANS11 FER.—In the case of a former employee of the

12 District of Columbia public schools who elects

13 to remain in a District of Columbia government

14 retirement system pursuant to paragraph

15 (3)(A), the public charter school that employs

16 the person shall make the same contribution to

17 such system on behalf of the person as the Dis18 trict of Columbia would have been required to

19 make if the person had continued to be an em20 ployee of the District of Columbia public

21 schools.

22 (B) EMPLOYEES ELECTING TO TRANS23 FER.—In the case of a former employee of the

24 District of Columbia public schools who elects

25 to transfer into a retirement system of a public
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1 charter school pursuant to paragraph (3)(B),

2 the applicable District of Columbia government

3 retirement system from which the former em4 ployee is transferring shall compute the employ5 ee’s contribution to that system and transfer

6 this amount, to the retirement system by the

7 public charter school.

8 (c) EMPLOYMENT STATUS.—Notwithstanding any

9 other provision of law, an employee of a public charter

10 school shall not be considered to be an employee of the

11 District of Columbia government for any purpose.

12 SEC. 2158. REDUCED FARES FOR PUBLIC TRANSPOR13 TATION.

14 A student attending a public charter school shall be

15 eligible for reduced fares on the Metrobus and Metrorail

16 Transit System on the same terms and conditions as are

17 applicable under section 2 of D.C. Law 2–152, effective

18 March 9, 1979, (D.C. Code, sec. 44–216 et seq.) to a stu19 dent attending a District of Columbia public school.

20 SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV21 ICES TO PUBLIC CHARTER SCHOOLS.

22 The Superintendent may provide services such as fa23 cilities maintenance to public charter schools. All com24 pensation for costs of such services shall be subject to ne-
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1 gotiation and mutual agreement between a public charter

2 school and the Superintendent.

3 SEC. 2160. APPLICATION OF LAW.

4 (a) ELEMENTARY AND SECONDARY EDUCATION

5 ACT.—

6 (1) TREATMENT AS LOCAL EDUCATIONAL

7 AGENCY.—For any fiscal year, a public charter

8 school shall be considered to be a local educational

9 agency for purposes of part A of title I of the Ele10 mentary and Secondary Education Act of 1965, and

11 shall be eligible for assistance under such part, if the

12 percentage of pupils enrolled in the public charter

13 school during the preceding fiscal year who were eli14 gible for, and received, free or reduced price school

15 lunches under the National School Lunch Act is

16 equal to or greater than the lowest such percentage

17 for any District of Columbia public school that was

18 selected to provide services under section 1113 of

19 such Act for such preceding year.

20 (2) ALLOCATION FOR FISCAL YEARS 1996

21 THROUGH 1998.—

22 (A) PUBLIC CHARTER SCHOOLS.—For fis23 cal years 1996 through 1998, each public char24 ter school that is eligible to receive assistance

25 under part A of title I of the Elementary and
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1 Secondary Education Act of 1965 shall receive

2 a portion of the District of Columbia’s total al3 location under such part which bears the same

4 ratio to such total allocation as the number de5 scribed in subparagraph (C) bears to the num6 ber described in subparagraph (D).

7 (B) DISTRICT OF COLUMBIA PUBLIC

8 SCHOOLS.—For fiscal years 1996 through

9 1998, the District of Columbia public schools

10 shall receive a portion of the District of Colum11 bia’s total allocation under part A of title I of

12 the Elementary and Secondary Education Act

13 of 1965 which bears the same ratio to such

14 total allocation as the total of the numbers de15 scribed in clauses (ii) and (iii) of paragraph

16 (2)(D) bears to the aggregate total described in

17 paragraph (2)(D).

18 (C) NUMBER OF ELIGIBLE PUPILS EN19 ROLLED IN THE PUBLIC CHARTER SCHOOL.—

20 The number described in this subparagraph is

21 the number of pupils enrolled in the public

22 charter school during the preceding fiscal year

23 who were eligible for, and received, free or re24 duced price school lunches under the National

25 School Lunch Act.
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1 (D) AGGREGATE NUMBER OF ELIGIBLE

2 PUPILS.—The number described in this sub3 paragraph is the aggregate total of the follow4 ing numbers:

5 (i) The number of pupils enrolled dur6 ing the preceding fiscal year in all eligible

7 public charter schools who were eligible

8 for, and received, free or reduced price

9 school lunches under the National School

10 Lunch Act.

11 (ii) The number of pupils who, during

12 the preceding fiscal year—

13 (I) were enrolled in a District of

14 Columbia public school selected to

15 provide services under section 1113 of

16 the Elementary and Secondary Edu17 cation Act of 1965; and

18 (II) were eligible for, and re19 ceived, free or reduced price school

20 lunches under the National School

21 Lunch Act.

22 (iii) The number of pupils who, during

23 the preceding fiscal year—

24 (I) were enrolled in a private or

25 independent school;
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1 (II) were eligible for, and re2 ceived, free or reduced price school

3 lunches under the National School

4 Lunch Act; and

5 (III) resided in an attendance

6 area of a District of Columbia public

7 school selected to provide services

8 under section 1113 of the Elementary

9 and Secondary Education Act of

10 1965.

11 (3) ALLOCATION FOR FISCAL YEAR 1999 AND

12 THEREAFTER.—

13 (A) CALCULATION BY SECRETARY.—Not14 withstanding sections 1124(a)(2), 1124(c)(2),

15 1124A(a)(4), 1125(c)(2), and 1125(d) of the

16 Elementary and Secondary Education Act of

17 1965, for fiscal year 1999 and fiscal years

18 thereafter, the total allocation under part A of

19 title I of such Act for all local educational agen20 cies in the District of Columbia, including pub21 lic charter schools that are eligible to receive as22 sistance under such part, shall be calculated by

23 the Secretary of Education. In making such cal24 culation, such Secretary shall treat all such

25 local educational agencies as if they were a sin-
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1 gle local educational agency for the District of

2 Columbia.

3 (B) ALLOCATION.—

4 (i) PUBLIC CHARTER SCHOOLS.—For

5 fiscal year 1999 and fiscal years there6 after, each public charter school that is eli7 gible to receive assistance under part A of

8 title I of the Elementary and Secondary

9 Education Act of 1965 shall receive a por10 tion of the total allocation calculated under

11 subparagraph (A) which bears the same

12 ratio to such total allocation as the number

13 described in paragraph (2)(C) bears to the

14 number described in paragraph (2)(D).

15 (ii) DISTRICT OF COLUMBIA PUBLIC

16 SCHOOLS.—For fiscal year 1999 and fiscal

17 years thereafter, the District of Columbia

18 public schools shall receive a portion of the

19 total allocation calculated under subpara20 graph (A) which bears the same ratio to

21 such total allocation as the total of the

22 numbers described in clauses (ii) and (iii)

23 of paragraph (2)(D) bears to the aggregate

24 total described in paragraph (2)(D).
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1 (4) USE OF ESEA FUNDS.—The Board of Edu2 cation may not direct a public charter school in the

3 charter school’s use of funds under part A of title

4 I of the Elementary and Secondary Education Act

5 of 1965.

6 (5) INAPPLICABILITY OF CERTAIN ESEA PROVI7 SIONS.—The following provisions of the Elementary

8 and Secondary Education Act of 1965 shall not

9 apply to a public charter school:

10 (A) Paragraphs (5), (8), and (9) of section

11 1112(b).

12 (B) Subsection 1112(c).

13 (C) Section 1113.

14 (D) Section 1115A.

15 (E) Subsections (a), (b), and (c) of section

16 1116.

17 (F) Subsections (a), (c), (d), (e), (f), and

18 (g) of section 1118.

19 (G) Section 1120.

20 (H) Subsections (a) and (c) of section

21 1120A.

22 (I) Section 1120B.

23 (J) Section 1126.
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1 (b) PROPERTY AND SALES TAXES.—A public charter

2 school shall be exempt from District of Columbia property

3 and sales taxes.

4 SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING

5 AUTHORITIES.

6 (a) OVERSIGHT.—

7 (1) IN GENERAL.—An eligible chartering au8 thority—

9 (A) shall monitor the operations of each

10 public charter school to which the authority has

11 granted a charter;

12 (B) shall ensure that each such school

13 complies with applicable laws and the provisions

14 of the charter granted to the school; and

15 (C) shall monitor the progress of each such

16 school in meeting student academic achievement

17 expectations specified in the charter granted to

18 the school.

19 (2) PRODUCTION OF BOOKS AND RECORDS.—

20 An eligible chartering authority may require a public

21 charter school to which the authority has granted a

22 charter to produce any book, record, paper, or docu23 ment, if the authority determines that such produc24 tion is necessary for the authority to carry out its

25 functions under this title.
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1 (b) FEES.—

2 (1) APPLICATION FEE.—An eligible chartering

3 authority may charge an eligible applicant a fee, not

4 to exceed $150, for processing a petition to establish

5 a public charter school.

6 (2) ADMINISTRATION FEE.—In the case of an

7 eligible chartering authority that has granted a char8 ter to an public charter school, the authority may

9 charge the school a fee, not to exceed one-half of one

10 percent of the annual budget of the school, to cover

11 the cost of undertaking the ongoing administrative

12 responsibilities of the authority with respect to the

13 school that are described in this subtitle. The school

14 shall pay the fee to the eligible chartering authority

15 not later than November 15 of each year.

16 (c) IMMUNITY FROM CIVIL LIABILITY.—

17 (1) IN GENERAL.—An eligible chartering au18 thority, a governing board of such an authority, and

19 the directors, officers, employees, and volunteers of

20 such an authority, shall be immune from civil liabil21 ity, both personally and professionally, for any act or

22 omission within the scope of their official duties un23 less the act or omission—

24 (A) constitutes gross negligence;

25 (B) constitutes an intentional tort; or
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1 (C) is criminal in nature.

2 (2) COMMON LAW IMMUNITY PRESERVED.—

3 Paragraph (1) shall not be construed to abrogate

4 any immunity under common law of a person de5 scribed in such paragraph.

6 SEC. 2162. CHARTER RENEWAL.

7 (a) TERM.—A charter granted to a public charter

8 school shall remain in force for a 5-year period, but may

9 be renewed for an unlimited number of 5-year periods.

10 (b) APPLICATION FOR CHARTER RENEWAL.—In the

11 case of a public charter school that desires to renew its

12 charter, the Board of Trustees of the school shall file an

13 application to renew the charter with the eligible charter14 ing authority that granted the charter not later than 120

15 days before the expiration of the charter. The application

16 shall contain the following:

17 (1) A report on the progress of the public char18 ter school in achieving the goals, student academic

19 achievement expectations, and other terms of the ap20 proved charter.

21 (2) All audited financial statements for the pub22 lic charter school for the preceding 4 years.

23 (c) APPROVAL OF CHARTER RENEWAL APPLICA24 TION.—The eligible chartering authority that granted a

25 charter shall approve an application to renew the charter
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1 that is filed in accordance with subsection (b) unless the

2 authority determines that—

3 (1) the school committed a material violation of

4 the conditions, terms, standards, or procedures set

5 forth in the charter; or

6 (2) the school failed to meet the goals and stu7 dent academic achievement expectations set forth in

8 the charter.

9 (d) PROCEDURES FOR CONSIDERATION OF CHARTER

10 RENEWAL.—

11 (1) NOTICE OF RIGHT TO HEARING.—An eligi12 ble chartering authority that has received an appli13 cation to renew a charter that is filed by a Board

14 of Trustees in accordance with subsection (b) shall

15 provide to the Board written notice of the right to

16 an informal hearing on the application. The eligible

17 chartering authority shall provide the notice not

18 later than 15 days after the date on which the au19 thority received the application.

20 (2) REQUEST FOR HEARING.—Not later than

21 15 days after the date on which a Board of Trustees

22 receives a notice under paragraph (1), the Board

23 may request, in writing, an informal hearing on the

24 application before the eligible chartering authority.

25 (3) DATE AND TIME OF HEARING.—
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1 (A) NOTICE.—Upon receiving a timely

2 written request for a hearing under paragraph

3 (2), an eligible chartering authority shall set a

4 date and time for the hearing and shall provide

5 reasonable notice of the date and time, as well

6 as the procedures to be followed at the hearing,

7 to the Board.

8 (B) DEADLINE.—An informal hearing

9 under this subsection shall take place not later

10 than 30 days after an eligible chartering au11 thority receives a timely written request for the

12 hearing under paragraph (2).

13 (4) FINAL DECISION.—

14 (A) DEADLINE.—An eligible chartering au15 thority shall render a final decision, in writing,

16 on an application to renew a charter—

17 (i) not later than 30 days after the

18 date on which the authority provided the

19 written notice of the right to a hearing, in

20 the case of an application with respect to

21 which such a hearing is not held; and

22 (ii) not later than 30 days after the

23 date on which the hearing is concluded, in

24 the case of an application with respect to

25 which a hearing is held.
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1 (B) REASONS FOR NONRENEWAL.—An eli2 gible chartering authority that denies an appli3 cation to renew a charter shall state in its deci4 sion, in reasonable detail, the grounds for the

5 denial.

6 (5) ALTERNATIVES UPON NONRENEWAL.—An

7 eligible chartering authority that denies an applica8 tion to renew a charter granted to a public charter

9 school, or whose decision approving such an applica10 tion is reversed under section 2162(e), may—

11 (A) manage the school directly until alter12 native arrangements can be made for students

13 at the school; or

14 (B) place the school in a probationary sta15 tus that requires the school to take remedial ac16 tions, to be determined by the authority, that

17 directly relate to the grounds for the denial.

18 (6) JUDICIAL REVIEW.—

19 (A) AVAILABILITY OF REVIEW.—A decision

20 by an eligible chartering authority to deny an

21 application to renew a charter shall be subject

22 to judicial review.

23 (B) STANDARD OF REVIEW.—A decision by

24 an eligible chartering authority to deny an ap25 plication to renew a charter shall be upheld un-
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1 less the decision is arbitrary and capricious or

2 clearly erroneous.

3 (e) BOARD OF EDUCATION RENEWAL REVIEW.—

4 (1) NOTICE OF DECISION TO RENEW.—An eligi5 ble chartering authority, other than the Board of

6 Education, that renders a decision to approve an ap7 plication to renew a charter granted to a public

8 charter school—

9 (A) shall provide a copy of the decision to

10 the Superintendent, the Board of Education,

11 and the school not later than 3 days after the

12 decision is rendered; and

13 (B) shall publish the decision in the Dis14 trict of Columbia Register not later than 5 days

15 after the decision is rendered.

16 (2) RECOMMENDATION OF SUPERINTEND17 ENT.—Not later than 30 days after an eligible char18 tering authority provides a copy of a decision ap19 proving an application to renew a charter to the Su20 perintendent under paragraph (1), the Superintend21 ent may recommend to the Board of Education, in

22 writing, that the decision be reversed.

23 (3) STANDARD OF REVIEW BY BOARD OF EDU24 CATION.—The Board of Education may concur in a

25 recommendation of the Superintendent under para-
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1 graph (2), and reverse a decision approving an appli2 cation to renew a charter granted to a public charter

3 school, if the Board of Education determines that—

4 (A) the school failed to meet the goals and

5 student academic achievement expectations set

6 forth in the charter, in the case of a school that

7 has a student body the majority of which com8 prises students with special needs; or

9 (B) the average test score for all students

10 enrolled in the school was less than the average

11 test score for all students enrolled in the Dis12 trict of Columbia public schools on the most re13 cently administered the district-wide assess14 ments, in the case of a school that has a stu15 dent body the majority of which does not com16 prise students with special needs.

17 (4) PROCEDURES FOR REVERSING DECISION.—

18 (A) NOTICE OF RIGHT TO HEARING.—In

19 any case in which the Board of Education is

20 considering reversing a decision approving an

21 application to renew a charter granted to a

22 public charter school, the Board of Education

23 shall provide to the Board of Trustees of the

24 school a written notice stating in reasonable de25 tail the grounds for the proposed reversal. The
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1 notice shall inform the Board of Trustees of the

2 right to an informal hearing on the proposed

3 reversal.

4 (B) REQUEST FOR HEARING.—Not later

5 than 15 days after the date on which a Board

6 of Trustees receives a notice under subpara7 graph (A), the Board may request, in writing,

8 an informal hearing on the proposed reversal

9 before the Board of Education.

10 (C) DATE AND TIME OF HEARING.—

11 (i) NOTICE.—Upon receiving a timely

12 written request for a hearing under sub13 paragraph (B), the Board of Education

14 shall set a date and time for the hearing

15 and shall provide reasonable notice of the

16 date and time, as well as the procedures to

17 be followed at the hearing, to the Board of

18 Trustees.

19 (ii) DEADLINE.—An informal hearing

20 under this paragraph shall take place not

21 later than 30 days after the Board of Edu22 cation receives a timely written request for

23 the hearing under subparagraph (B).

24 (D) FINAL DECISION.—
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1 (i) DEADLINE.—The Board of Edu2 cation shall render a final decision, in writ3 ing, on the proposed reversal—

4 (I) not later than 30 days after

5 the date on which the Board of Edu6 cation provided the written notice of

7 the right to a hearing, in the case of

8 a proposed reversal with respect to

9 which such a hearing is not held; and

10 (II) not later than 30 days after

11 the date on which the hearing is con12 cluded, in the case of a proposed re13 versal with respect to which a hearing

14 is held.

15 (ii) REASONS FOR REVERSAL.—If the

16 Board of Education reverses a decision ap17 proving an application to renew a charter,

18 the Board of Education shall state in its

19 decision, in reasonable detail, the grounds

20 for the reversal.

21 (E) JUDICIAL REVIEW.—

22 (i) AVAILABILITY OF REVIEW.—A de23 cision by the Board of Education to re24 verse a decision approving an application
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1 to renew a charter shall be subject to judi2 cial review.

3 (ii) STANDARD OF REVIEW.—A deci4 sion by the Board of Education to reverse

5 a decision approving an application to

6 renew a charter shall be upheld unless the

7 decision is arbitrary and capricious or

8 clearly erroneous.

9 SEC. 2163. CHARTER REVOCATION.

10 (a) CHARTER OR LAW VIOLATIONS.—An eligible

11 chartering authority that has granted a charter to a public

12 charter school may revoke the charter if the authority de13 termines that the school has committed a violation of ap14 plicable laws or a material violation of the conditions,

15 terms, standards, or procedures set forth in the charter.

16 (b) FISCAL MISMANAGEMENT.—An eligible charter17 ing authority that has granted a charter to a public char18 ter school shall revoke the charter if the authority deter19 mines that the school—

20 (1) has engaged in a pattern of nonadherence

21 to generally accepted accounting principles;

22 (2) has engaged in a pattern of fiscal mis23 management; or

24 (3) is no longer economically viable.
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1 (c) PROCEDURES FOR CONSIDERATION OF REVOCA2 TION.—

3 (1) NOTICE OF RIGHT TO HEARING.—An eligi4 ble chartering authority that is proposing to revoke

5 a charter granted to a public charter school shall

6 provide to the Board of Trustees of the school a

7 written notice stating in reasonable detail the

8 grounds for the proposed revocation. The notice

9 shall inform the Board of the right of the Board to

10 an informal hearing on the proposed revocation.

11 (2) REQUEST FOR HEARING.—Not later than

12 15 days after the date on which a Board of Trustees

13 receives a notice under paragraph (1), the Board

14 may request, in writing, an informal hearing on the

15 proposed revocation before the eligible chartering au16 thority.

17 (3) DATE AND TIME OF HEARING.—

18 (A) NOTICE.—Upon receiving a timely

19 written request for a hearing under paragraph

20 (2), an eligible chartering authority shall set a

21 date and time for the hearing and shall provide

22 reasonable notice of the date and time, as well

23 as the procedures to be followed at the hearing,

24 to the Board.
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1 (B) DEADLINE.—An informal hearing

2 under this subsection shall take place not later

3 than 30 days after an eligible chartering au4 thority receives a timely written request for the

5 hearing under paragraph (2).

6 (4) FINAL DECISION.—

7 (A) DEADLINE.—An eligible chartering au8 thority shall render a final decision, in writing,

9 on the revocation of a charter—

10 (i) not later than 30 days after the

11 date on which the authority provided the

12 written notice of the right to a hearing, in

13 the case of a proposed revocation with re14 spect to which such a hearing is not held;

15 and

16 (ii) not later than 30 days after the

17 date on which the hearing is concluded, in

18 the case of a proposed revocation with re19 spect to which a hearing is held.

20 (B) REASONS FOR REVOCATION.—An eligi21 ble chartering authority that revokes a charter

22 shall state in its decision, in reasonable detail,

23 the grounds for the denial.

24 (5) ALTERNATIVES UPON REVOCATION.—An el25 igible chartering authority that revokes a charter
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1 granted to a public charter school may manage the

2 school directly until alternative arrangements can be

3 made for students at the school.

4 (6) JUDICIAL REVIEW.—

5 (A) AVAILABILITY OF REVIEW.—A decision

6 by an eligible chartering authority to revoke a

7 charter shall be subject to judicial review.

8 (B) STANDARD OF REVIEW.—A decision by

9 an eligible chartering authority to revoke a

10 charter shall be upheld unless the decision is

11 arbitrary and capricious or clearly erroneous.

12 SEC. 2164. DISCONTINUANCE OF ELIGIBLE CHARTERING

13 AUTHORITY.

14 (a) NOTICE.—In the case of an eligible chartering au15 thority that has granted a charter to a public charter

16 school and that becomes unable or unwilling to continue

17 to act in the capacity of an eligible chartering authority

18 with respect to the school, the authority shall provide writ19 ten notice of such discontinuance to the school, to the ex20 tent feasible, not later than the date that is 120 days be21 fore the date on which such discontinuance takes effect.

22 (b) PETITION BY SCHOOL.—A public charter school

23 that has been granted a charter by an eligible chartering

24 authority that becomes unable or unwilling to continue to

25 act in the capacity of an eligible chartering authority with
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1 respect to the school shall file a petition with another eligi2 ble chartering authority described in subsection (c)(2).

3 The petition shall request that such other authority as4 sume the powers and duties of an eligible chartering au5 thority with respect to the school and the charter granted

6 to the school. The petition shall be filed—

7 (1) in the case of a public charter school that

8 received a timely notice under subsection (a), not

9 later than 120 days after such notice was received;

10 and

11 (2) in the case of a public charter school that

12 did not receive a timely notice under subsection (a),

13 not later than 120 days after the date on which the

14 eligible chartering authority ceases to act in the ca15 pacity of an eligible chartering authority with re16 spect to the school.

17 (c) CHARTERING AUTHORITIES REQUIRED TO AS18 SUME DUTIES.—

19 (1) IN GENERAL.—If any of the eligible char20 tering authorities described in paragraph (2) re21 ceives a petition filed by a public charter school in

22 accordance with subsection (b), the eligible charter23 ing authority shall grant the petition and assume the

24 powers and duties of an eligible chartering authority
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1 with respect to the school and the charter granted

2 to the school.

3 (2) ELIGIBLE CHARTERING AUTHORITIES.—

4 The eligible chartering authorities referred to in

5 paragraph (1) are the following:

6 (A) The Board of Education.

7 (B) Any other entity established, and des8 ignated as an eligible chartering authority, by

9 the District of Columbia Council by enactment

10 of a bill after the date of the enactment of this

11 Act.

12 (d) INTERIM POWERS AND DUTIES OF SCHOOL.—

13 Except as provided in this section, the powers and duties

14 of a public charter school that has been granted a charter

15 by an eligible chartering authority that becomes unable

16 or unwilling to continue to act in the capacity of an eligible

17 chartering authority with respect to the school shall not

18 be affected by such discontinuance, if the school satisfies

19 the requirements of this section.

20 SEC. 2165. FEDERAL ENTITIES.

21 (a) IN GENERAL.—The following Federal agencies

22 and federally-established institutions shall explore whether

23 it is feasible for the agency or institution to establish one

24 or more public charter schools:

25 (1) The Library of Congress.
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1 (2) The National Aeronautics and Space Ad2 ministration.

3 (3) The Drug Enforcement Agency.

4 (4) The National Science Foundation.

5 (5) The Department of Justice.

6 (6) The Department of Defense.

7 (7) The Smithsonian Institution, including the

8 National Zoological Park, the National Museum of

9 American History, the Kennedy Center for the Per10 forming Arts, and the National Gallery of Art.

11 (b) DETERMINATION.—Not later than 120 days after

12 the date of the enactment of this Act, each agency and

13 institution listed in subsection (a) shall make a determina14 tion regarding whether it is feasible for the agency or in15 stitution to establish one or more public charter schools.

16 (c) REPORT.—Not later than 270 days after the date

17 of the enactment of this Act, any agency or institution

18 listed in subsection (a) that has not filed a petition to es19 tablish a public charter school with an eligible chartering

20 authority shall report to the Congress the reasons for the

21 decision.

22 Subtitle C—Even Start

23 SEC. 2201. AMENDMENTS FOR EVEN START PROGRAMS.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

25 1002 of the Elementary and Secondary Education Act of
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1 1965 is amended by striking subsection (b) and inserting

2 the following:

3 ‘‘(b) EVEN START.—

4 ‘‘(1) IN GENERAL.—For the purpose of carry5 ing out part B, other than Even Start programs for

6 the District of Columbia as described in paragraph

7 (2), there are authorized to be appropriated

8 $118,000,000 for fiscal year 1995 and such sums as

9 may be necessary for each of the four succeeding fis10 cal years.

11 ‘‘(2) DISTRICT OF COLUMBIA.—For the purpose

12 of carrying out Even Start programs in the District

13 of Columbia as described in section 1211, there are

14 authorized to be appropriated—

15 ‘‘(A) for fiscal year 1996, $2,000,000 for

16 continued funding made in fiscal year 1995,

17 and for new grants, for an aggregate of 8;

18 ‘‘(B) for fiscal year 1997, $3,500,000 for

19 continued funding made in fiscal year 1996 and

20 for new grants, for an aggregate of 14;

21 ‘‘(C) for fiscal year 1998, $5,000,000 for

22 continued funding made in fiscal years 1996

23 and 1997 and for new grants, for an aggregate

24 of 20 grants in such fiscal year;
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1 ‘‘(D) for fiscal year 1999, $5,000,000 for

2 continued funding made in fiscal years 1996,

3 1997, and 1998 and for new grants, for an ag4 gregate of 20 grants in such fiscal year; and

5 ‘‘(E) for fiscal year 2000, $5,000,000 for

6 continued funding made in fiscal years 1996,

7 1997, 1998, and 1999 and for new grants, for

8 an aggregate of 20 grants in such fiscal year or

9 such number as the Secretary determines ap10 propriate pursuant to the evaluation described

11 in section 1211(i)(2).’’.

12 (b) EVEN START FAMILY LITERACY PROGRAMS.—

13 Part B of title I of the Elementary and Secondary Edu14 cation Act of 1965 is amended—

15 (1) in section 1202(a)(1), by inserting ‘‘(1)’’

16 after ‘‘1002(b)’’;

17 (2) in section 1202(b), by inserting ‘‘(1)’’ after

18 ‘‘1002(b)’’;

19 (3) in section 1202(d)(1)—

20 (A) by inserting ‘‘(1)’’ after ‘‘1002(b)’’;

21 and

22 (B) by inserting ‘‘or under section 1211,’’

23 after ‘‘subsections (a), (b), and (c),’’;

24 (4) in section 1202(d)(3), by inserting ‘‘(1)’’

25 after ‘‘1002(b)’’;
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1 (5) in section 1202(e)(4), by striking ‘‘, the

2 District of Columbia,’’;

3 (6) in section 1204(a), by inserting ‘‘intensive’’

4 after ‘‘cost of providing’’;

5 (7) in section 1205(4), by inserting ‘‘, inten6 sive’’ after ‘‘high-quality’’;

7 (8) in section 1206(b)(1), by striking ‘‘de8 scribed in subsection (a)’’; and

9 (9) by adding at the end the following new sec10 tion:

11 ‘‘SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIA12 TIVES.

13 ‘‘(a) D.C. PROGRAM AUTHORIZED.—The Secretary

14 shall provide grants, on a competitive basis, to assist eligi15 ble entities to carry out Even Start programs in the Dis16 trict of Columbia that build on the findings of the ‘Na17 tional Evaluation of the Even Start Family Literacy Pro18 gram’, such as providing intensive services in parent train19 ing and adult literacy or adult education.

20 ‘‘(b) DEFINITION OF ‘ELIGIBLE’’.—For the purpose

21 of this section, the term ‘eligible entity’ means a partner22 ship composed of at least—

23 ‘‘(1) a public school in the District of Columbia;

24 ‘‘(2) the local educational agency in existence

25 on September 1, 1995 for the District of Columbia,
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1 any other public organization, or an institution of

2 higher education; and

3 ‘‘(3) a private nonprofit community-based orga4 nization.

5 ‘‘(c) USES OF FUNDS; COST-SHARING.—

6 ‘‘(1) COMPLIANCE.—Each eligible entity that

7 receives funds under this section shall comply with

8 section 1204(a) and 1204(b)(3), relating to the use

9 of such funds.

10 ‘‘(2) COST-SHARING.—Each program funded

11 under this section is subject to the cost-sharing re12 quirement of section 1204(b)(1), except that the

13 Secretary may waive that requirement, in whole or

14 in part, for any eligible entity that demonstrates to

15 the Secretary’s satisfaction that such entity other16 wise would not be able to participate in the program

17 under this section.

18 ‘‘(3) MINIMUM.—Except as provided in para19 graph (4), each eligible entity selected to receive a

20 grant under this section shall receive not more than

21 $250,000 in any fiscal year, except that the Sec22 retary may increase such amount if the Secretary

23 determines that—

24 ‘‘(A) such entity needs additional funds to

25 be effective; and
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1 ‘‘(B) the increase will not reduce the

2 amount of funds available to other programs

3 that receive funds under this section.

4 ‘‘(4) REMAINING FUNDS.—If funds remain

5 after payments are made under paragraph (3) for

6 any fiscal year, the Secretary shall make such re7 maining funds available to each selected eligible en8 tity in such fiscal year on a pro rata basis.

9 ‘‘(d) PROGRAM ELEMENTS.—Each program assisted

10 under this section shall comply with the program elements

11 described in section 1205, including intensive high quality

12 instruction programs of parent training and adult literacy

13 or adult education.

14 ‘‘(e) ELIGIBLE PARTICIPANTS.—

15 ‘‘(1) IN GENERAL.—Individuals eligible to par16 ticipate in a program under this section are—

17 ‘‘(A) the parent or parents of a child de18 scribed in subparagraph (B), or any other adult

19 who is substantially involved in the day-to-day

20 care of the child, who—

21 ‘‘(i) is eligible to participate in an

22 adult education program under the Adult

23 Education Act; or
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1 ‘‘(ii) is attending, or is eligible by age

2 to attend, a public school in the District of

3 Columbia; and

4 ‘‘(B) any child, from birth through age 7,

5 of an individual described in subparagraph (A).

6 ‘‘(2) ELIGIBILITY REQUIREMENTS.—The eligi7 bility factors described in section 1206(b) shall apply

8 to programs under this section.

9 ‘‘(f) APPLICATIONS.—Each eligible entity that wishes

10 to receive a grant under this section shall submit an appli11 cation to the Secretary at such time, in such manner, and

12 containing such information as the Secretary may require.

13 ‘‘(g) SELECTION OF GRANTEES.—In awarding grants

14 under this section, the Secretary shall—

15 ‘‘(1) use the selection criteria described in sub16 paragraphs (A) through (F) and (H) of section

17 1208(a)(1); and

18 ‘‘(2) give priority to applications for programs

19 that—

20 ‘‘(A) target services to schools in which a

21 schoolwide program is being conducted under

22 section 1114 of this subtitle; or

23 ‘‘(B) are located in areas designated as

24 empowerment zones or enterprise communities.
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1 ‘‘(h) DURATION OF PROGRAMS.—The priority for

2 subgrants described in section 1208(b) shall apply to

3 grants made under this section, except that—

4 ‘‘(1) references in that section to the State edu5 cational agency and to subgrants shall be read to

6 refer to the Secretary and to grants under this sec7 tion, respectively; and

8 ‘‘(2) notwithstanding paragraph (4) of such sec9 tion, the Secretary shall not provide continuation

10 funding to a recipient under this section if the Sec11 retary determines, after affording the recipient no12 tice and an opportunity for a hearing, that the recip13 ient has not made substantial progress toward

14 achieving its stated objectives and the purpose of

15 this section.

16 ‘‘(i) TECHNICAL ASSISTANCE AND EVALUATION.—

17 ‘‘(1) TECHNICAL ASSISTANCE.—(A) The Sec18 retary shall use not more than 5 percent of the

19 amounts authorized under section 1002(b)(2) for

20 any fiscal year to provide technical assistance to eli21 gible entities, including providing funds to one or

22 more local nonprofit organizations to provide tech23 nical assistance to eligible entities in the areas of

24 community development and coalition building, and
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1 for the evaluation conducted pursuant to paragraph

2 (2).

3 ‘‘(B) The Secretary shall allocate 5 percent of

4 the amounts authorized under section 1002(b)(2) in

5 any fiscal year to contract with the National Center

6 for Family Literacy to provide technical assistance

7 to eligible entities.

8 ‘‘(2) EVALUATION.—(A) The Secretary shall

9 use funds available under paragraph (1)(A) to pro10 vide an independent evaluation of programs under

11 this section to determine their effectiveness in pro12 viding high quality family literacy services includ13 ing—

14 ‘‘(i) intensive and high quality services in

15 adult literacy or adult education;

16 ‘‘(ii) intensive and high quality services in

17 parent training;

18 ‘‘(iii) coordination with related programs;

19 ‘‘(iv) training of related personnel in ap20 propriate skill areas; and

21 to determine if the grant amount provided to grant22 ees to carry out such projects is appropriate to ac23 complish the goals of this section.

24 ‘‘(B)(i) Such evaluation shall be conducted by

25 individuals not directly involved in the administra-
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1 tion of a program operated with funds provided

2 under this section. Such independent evaluators and

3 the program administrators shall jointly develop

4 evaluation criteria which provide for appropriate

5 analysis of the factors listed in subparagraph (A).

6 ‘‘(ii) In order to determine a program’s effec7 tiveness in achieving its stated goals, each evaluation

8 shall contain objective measures of such goals and,

9 whenever feasible, shall obtain the specific views of

10 program participants about such programs.

11 ‘‘(C) The Secretary shall prepare and submit to

12 the Committees on Appropriations of the House of

13 Representatives and the Senate, the Committee on

14 Economic and Education Opportunities of the House

15 of Representatives, the Committee on Government

16 Reform and Oversight of the House of Representa17 tives, the Committee on Labor and Human Re18 sources of the Senate, and the Committee on Gov19 ernmental Affairs of the Senate a report regarding

20 the results of such evaluations not later than March

21 1, 1999. The Secretary shall provide an interim re22 port by March 1, 1998.’’.
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1 Subtitle D—World Class Schools

2 Panel; Core Curriculum; Assess3 ments; and Promotion Gates

4 PART 1—WORLD CLASS SCHOOLS PANEL

5 SEC. 2251. ESTABLISHMENT.

6 There is established a panel to be known as the

7 ‘‘World Class Schools Panel’’.

8 SEC. 2252. DUTIES OF PANEL.

9 (a) IN GENERAL.—Not later than July 1, 1996, the

10 Panel shall recommend to the Superintendent and the

11 Board of Education the following:

12 (1) A core curriculum for kindergarten through

13 the 12th grade developed or selected by the Panel.

14 (2) District-wide assessments for measuring

15 student achievement in the curriculum developed or

16 selected under paragraph (1). Such assessments

17 shall be developed at several grade levels, including,

18 at a minimum, the grade levels with respect to which

19 the Superintendent establishes promotion gates, as

20 required under section 2263. To the extent feasible,

21 such assessments shall, at a minimum, be designed

22 to provide information that permits the following

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

21 Appropriations Act, 1996’’.

Passed the House of Representatives November 2,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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