IB
104TH CONGRESS
1ST SESSION
H. R. 2546
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1995
Ordered to be printed with the amendments of the Senate numbered
AN ACT
Making appropriations for the government of the District
of Columbia and other activities chargeable in whole
or in part against the revenues of said District for the
fiscal year ending September 30, 1996, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
Ω1æThat the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
District of Columbia for the fiscal year ending September
30, 1996, and for other purposes, namely:
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA
For payment to the District of Columbia for the fiscal
year ending September 30, 1996, $660,000,000, as au-
thorized by section 502(a) of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 47–
3406.1).
FEDERAL CONTRIBUTION TO RETIREMENT FUNDS
For the Federal contribution to the Police Officers
and Fire Fighters’, Teachers’, and Judges’ Retirement
Funds, as authorized by the District of Columbia Retire-
ment Reform Act, approved November 17, 1979 (93 Stat.
866; Public Law 96–122), $52,000,000.
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia, except as other-
wise specifically provided.
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $149,793,000
and 1,465 full-time equivalent positions (end of year) (in-
cluding $118,167,000 and 1,125 full-time equivalent posi-
tions from local funds, $2,464,000 and 5 full-time equiva-
lent positions from Federal funds, $4,474,000 and 71 full-
time
equivalent
positions
from
other
funds,
and
$24,688,000 and 264 full-time equivalent positions from
intra-District funds): Provided, That not to exceed $2,500
for the Mayor, $2,500 for the Chairman of the Council
of the District of Columbia, and $2,500 for the City Ad-
ministrator shall be available from this appropriation for
expenditures for official purposes: Provided further, That
any program fees collected from the issuance of debt shall
be available for the payment of expenses of the debt man-
agement program of the District of Columbia: Provided
further, That $29,500,000 is used for pay-as-you-go cap-
ital projects of which $1,500,000 shall be used for a cap-
ital needs assessment study, and $28,000,000 shall be
used for a new financial management system of which
$2,000,000 shall be used to develop a needs analysis and
assessment of the existing financial management environ-
ment, and the remaining $26,000,000 shall be used to
procure the necessary hardware and installation of new
software, conversion, testing and training: Provided fur-
ther, That the $26,000,000 shall not be obligated or ex-
pended until: (1) the District of Columbia Financial Re-
sponsibility and Management Assistance Authority sub-
mits a report to the General Accounting Office within 90
days after the date of enactment of this Act reporting the
results of the needs analysis and assessment of the exist-
ing financial management environment, specifying the de-
ficiencies in, and recommending necessary improvements
to or replacement of the District’s financial management
system including a detailed explanation of each rec-
ommendation and its estimated cost; (2) the General Ac-
counting Office reviews the Authority’s report and for-
wards it along with such comments or recommendations
as deemed appropriate on any matter contained therein
to the Committees on Appropriations of the House and
the Senate, the Committee on Governmental Reform and
Oversight of the House, and the Committee on Govern-
mental Affairs of the Senate within 60 days from receipt
of the report; and (3) 30 days lapse after receipt by Con-
gress of the General Accounting Office’s comments or rec-
ommendations.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $139,285,000
and 1,692 full-time equivalent positions (end-of-year) (in-
cluding $66,505,000 and 696 full-time equivalent posi-
tions from local funds, $38,792,000 and 509 full-time
equivalent positions from Federal funds, $17,658,000 and
260 full-time equivalent positions from other funds, and
$16,330,000 and 227 full-time equivalent positions from
intra-District funds): Provided, That the District of Co-
lumbia Housing Finance Agency, established by section
201 of the District of Columbia Housing Finance Agency
Act, effective March 3, 1979 (D.C. Law 2–135; D.C.
Code, sec. 45–2111), based upon its capability of repay-
ments as determined each year by the Council of the Dis-
trict of Columbia from the Housing Finance Agency’s an-
nual audited financial statements to the Council of the
District of Columbia, shall repay to the general fund an
amount equal to the appropriated administrative costs
plus interest at a rate of four percent per annum for a
term of 15 years, with a deferral of payments for the first
three years: Provided further, That notwithstanding the
foregoing provision, the obligation to repay all or part of
the amounts due shall be subject to the rights of the own-
ers of any bonds or notes issued by the Housing Finance
Agency and shall be repaid to the District of Columbia
government only from available operating revenues of the
Housing Finance Agency that are in excess of the amounts
required for debt service, reserve funds, and operating ex-
penses: Provided further, That upon commencement of the
debt service payments, such payments shall be deposited
into the general fund of the District of Columbia.
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, includ-
ing 130 for police-type use and five for fire-type use, with-
out regard to the general purchase price limitation for the
current fiscal year, $954,106,000 and 11,544 full-time
equivalent positions (end-of-year) (including $930,889,000
and 11,365 full-time equivalent positions from local funds,
$8,942,000 and 70 full-time equivalent positions from
Federal funds, $5,160,000 and 4 full-time equivalent posi-
tions from other funds, and $9,115,000 and 105 full-time
equivalent positions from intra-District funds): Provided,
That the Metropolitan Police Department is authorized to
replace not to exceed 25 passenger-carrying vehicles and
the Fire Department of the District of Columbia is au-
thorized to replace not to exceed five passenger-carrying
vehicles annually whenever the cost of repair to any dam-
aged vehicle exceeds three-fourths of the cost of the re-
placement: Provided further, That not to exceed $500,000
shall be available from this appropriation for the Chief of
Police for the prevention and detection of crime: Provided
further, That the Metropolitan Police Department shall
provide quarterly reports to the Committees on Appropria-
tions of the House and Senate on efforts to increase effi-
ciency and improve the professionalism in the department:
Provided further, That notwithstanding any other provi-
sion of law, or Mayor’s Order 86–45, issued March 18,
1986, the Metropolitan Police Department’s delegated
small purchase authority shall be $500,000: Provided fur-
ther, That the District of Columbia government may not
require the Metropolitan Police Department to submit to
any other procurement review process, or to obtain the ap-
proval of or be restricted in any manner by any official
or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further,
That the Metropolitan Police Department shall employ an
authorized level of sworn officers not to be less than 3,800
sworn officers for the fiscal year ending September 30,
1996: Provided further, That funds appropriated for ex-
penses under the District of Columbia Criminal Justice
Act, approved September 3, 1974 (88 Stat. 1090; Public
Law 93–412; D.C. Code, sec. 11–2601 et seq.), for the
fiscal year ending September 30, 1996, shall be available
for obligations incurred under the Act in each fiscal year
since inception in the fiscal year 1975: Provided further,
That funds appropriated for expenses under the District
of Columbia Neglect Representation Equity Act of 1984,
effective March 13, 1985 (D.C. Law 5–129; D.C. Code,
sec. 16–2304), for the fiscal year ending September 30,
1996, shall be available for obligations incurred under the
Act in each fiscal year since inception in the fiscal year
1985: Provided further, That funds appropriated for ex-
penses under the District of Columbia Guardianship, Pro-
tective Proceedings, and Durable Power of Attorney Act
of 1986, effective February 27, 1987 (D.C. Law 6–204;
D.C. Code, sec. 21–2060), for the fiscal year ending Sep-
tember 30, 1996, shall be available for obligations in-
curred under the Act in each fiscal year since inception
in fiscal year 1989: Provided further, That not to exceed
$1,500 for the Chief Judge of the District of Columbia
Court of Appeals, $1,500 for the Chief Judge of the Supe-
rior Court of the District of Columbia, and $1,500 for the
Executive Officer of the District of Columbia Courts shall
be available from this appropriation for official purposes:
Provided further, That the District of Columbia shall oper-
ate and maintain a free, 24-hour telephone information
service whereby residents of the area surrounding Lorton
prison in Fairfax County, Virginia, can promptly obtain
information from District of Columbia government offi-
cials on all disturbances at the prison, including escapes,
riots, and similar incidents: Provided further, That the
District of Columbia government shall also take steps to
publicize the availability of the 24-hour telephone informa-
tion service among the residents of the area surrounding
the Lorton prison: Provided further, That not to exceed
$100,000 of this appropriation shall be used to reimburse
Fairfax County, Virginia, and Prince William County, Vir-
ginia, for expenses incurred by the counties during the fis-
cal year ending September 30, 1996, in relation to the
Lorton prison complex: Provided further, That such reim-
bursements shall be paid in all instances in which the Dis-
trict requests the counties to provide police, fire, rescue,
and related services to help deal with escapes, fires, riots,
and similar disturbances involving the prison: Provided
further, That the Mayor shall reimburse the District of
Columbia National Guard for expenses incurred in connec-
tion with services that are performed in emergencies by
the National Guard in a militia status and are requested
by the Mayor, in amounts that shall be jointly determined
and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Co-
lumbia National Guard: Provided further, That such sums
as may be necessary for reimbursement to the District of
Columbia National Guard under the preceding proviso
shall be available from this appropriation, and the avail-
ability of the sums shall be deemed as constituting pay-
ment in advance for emergency services involved.
PUBLIC EDUCATION SYSTEM
Public education system, including the development
of national defense education programs, $788,983,000
and 11,670 full-time equivalent positions (end-of-year)
(including $670,833,000 and 9,996 full-time equivalent
positions from local funds, $87,385,000 and 1,227 full-
time
equivalent
positions
from
Federal
funds,
$21,719,000 and 234 full-time equivalent positions from
other funds, and $9,046,000 and 213 full-time equivalent
positions from intra-District funds), to be allocated as fol-
lows: $577,242,000 and 10,167 full-time equivalent posi-
tions (including $494,556,000 and 9,014 full-time equiva-
lent positions from local funds, $75,786,000 and 1,058
full-time
equivalent
positions
from
Federal
funds,
$4,343,000 and 44 full-time equivalent positions from
other funds, and $2,557,000 and 51 full-time equivalent
positions from intra-District funds), for the public schools
of the District of Columbia; $109,175,000 from local
funds shall be allocated for the District of Columbia
Teachers’ Retirement Fund; $79,269,000 and 1,079 full-
time equivalent positions (including $45,250,000 and 572
full-time
equivalent
positions
from
local
funds,
$10,611,000 and 156 full-time equivalent positions from
Federal funds, $16,922,000 and 189 full-time equivalent
positions from other funds, and $6,486,000 and 162 full-
time equivalent positions from intra-District funds) for the
University of the District of Columbia; $21,062,000 and
415 full-time equivalent positions (including $20,159,000
and 408 full-time equivalent positions from local funds,
$446,000 and 6 full-time equivalent positions from Fed-
eral funds, $454,000 and 1 full-time equivalent position
from other funds, and $3,000 from intra-District funds)
for the Public Library; $2,267,000 and 9 full-time equiva-
lent positions (including $1,725,000 and 2 full-time equiv-
alent positions from local funds and $542,000 and 7 full-
time equivalent positions from Federal funds) for the
Commission on the Arts and Humanities; $64,000 from
local funds for the District of Columbia School of Law
and a reduction of $96,000 for the Education Licensure
Commission: Provided, That the public schools of the Dis-
trict of Columbia are authorized to accept not to exceed
31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for
the Superintendent of Schools, $2,500 for the President
of the University of the District of Columbia, and $2,000
for the Public Librarian shall be available from this appro-
priation for expenditures for official purposes: Provided
further, That this appropriation shall not be available to
subsidize the education of nonresidents of the District of
Columbia at the University of the District of Columbia,
unless the Board of Trustees of the University of the Dis-
trict of Columbia adopts, for the fiscal year ending Sep-
tember 30, 1996, a tuition rate schedule that will establish
the tuition rate for nonresident students at a level no
lower than the nonresident tuition rate charged at com-
parable public institutions of higher education in the met-
ropolitan area.
HUMAN SUPPORT SERVICES
Human support services, $1,845,638,000 and 6,469
full-time
equivalent
positions
(end-of-year)
(including
$1,067,516,000 and 3,650 full-time equivalent positions
from local funds, $726,685,000 and 2,639 full-time equiv-
alent positions from Federal funds, $46,763,000 and 66
full-time equivalent positions from other funds, and
$4,674,000 and 114 full-time equivalent positions from
intra-District funds): Provided, That $26,000,000 of this
appropriation, to remain available until expended, shall be
available solely for District of Columbia employees’ dis-
ability compensation: Provided further, That the District
shall not provide free government services such as water,
sewer, solid waste disposal or collection, utilities, mainte-
nance, repairs, or similar services to any legally con-
stituted private nonprofit organization (as defined in sec-
tion 411(5) of Public Law 100–77, approved July 22,
1987) providing emergency shelter services in the District,
if the District would not be qualified to receive reimburse-
ment pursuant to the Stewart B. McKinney Homeless As-
sistance Act, approved July 22, 1987 (101 Stat. 485; Pub-
lic Law 100–77; 42 U.S.C. 11301 et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-car-
rying vehicle for use by the Mayor and three passenger-
carrying vehicles for use by the Council of the District of
Columbia and purchase of passenger-carrying vehicles for
replacement only, $297,326,000 and 1,914 full-time equiv-
alent positions (end-of-year) (including $225,673,000 and
1,158 full-time equivalent positions from local funds,
$2,682,000 and 32 full-time equivalent positions from
Federal funds, $18,342,000 and 68 full-time equivalent
positions from other funds, and $50,629,000 and 656 full-
time equivalent positions from intra-District funds): Pro-
vided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and
places of business.
WASHINGTON CONVENTION CENTER FUND
For payment to the Washington Convention Center
Fund, $5,400,000 from local funds.
REPAYMENT OF LOANS AND INTEREST
For reimbursement to the United States of funds
loaned in compliance with An Act to provide for the estab-
lishment of a modern, adequate, and efficient hospital cen-
ter in the District of Columbia, approved August 7, 1946
(60 Stat. 896; Public Law 79–648); section 1 of An Act
to authorize the Commissioners of the District of Colum-
bia to borrow funds for capital improvement programs and
to amend provisions of law relating to Federal Govern-
ment participation in meeting costs of maintaining the
Nation’s Capital City, approved June 6, 1958 (72 Stat.
183; Public Law 85–451; D.C. Code, sec. 9–219); section
4 of An Act to authorize the Commissioners of the District
of Columbia to plan, construct, operate, and maintain a
sanitary sewer to connect the Dulles International Airport
with the District of Columbia system, approved June 12,
1960 (74 Stat. 211; Public Law 86–515); sections 723
and 743(f) of the District of Columbia Self-Government
and Governmental Reorganization Act of 1973, approved
December 24, 1973, as amended (87 Stat. 821; Public
Law 93–198; D.C. Code, sec. 47–321, note; 91 Stat.
1156; Public Law 95–131; D.C. Code, sec. 9–219, note),
including interest as required thereby, $327,787,000 from
local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000
general fund accumulated deficit as of September 30,
1990, $38,678,000 from local funds, as authorized by sec-
tion 461(a) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973, as amended (105 Stat. 540; Public Law
102–106; D.C. Code, sec. 47–321(a)).
SHORT-TERM BORROWING
For short-term borrowing, $9,698,000 from local
funds.
PAY RENEGOTIATION OR REDUCTION
IN COMPENSATION
The Mayor shall reduce appropriations and expendi-
tures for personal services in the amount of $46,409,000,
by decreasing rates of compensation for District govern-
ment employees; such decreased rates are to be realized
for employees who are subject to collective bargaining
agreements to the extent possible through the renegoti-
ation of existing collective bargaining agreements: Pro-
vided, That, if a sufficient reduction from employees who
are subject to collective bargaining agreements is not real-
ized through renegotiating existing agreements, the Mayor
shall decrease rates of compensation for such employees,
notwithstanding the provisions of any collective bargaining
agreements.
RAINY DAY FUND
For mandatory unavoidable expenditures within one
or several of the various appropriation headings of this
Act, to be allocated to the budgets for personal services
and nonpersonal services as requested by the Mayor and
approved by the Council pursuant to the procedures in sec-
tion 4 of the Reprogramming Policy Act of 1980, effective
September 16, 1980 (D.C. Law 3–100; D.C. Code, sec.
47–363), $4,563,000 from local funds: Provided, That the
District of Columbia shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate quarterly reports by the 15th day of the month
following the end of the quarter showing how monies pro-
vided under this fund are expended with a final report pro-
viding a full accounting of the fund due October 15, 1996
or not later than 15 days after the last amount remaining
in the fund is disbursed.
INCENTIVE BUYOUT PROGRAM
For the purpose of funding costs associated with the
incentive buyout program, to be apportioned by the Mayor
of the District of Columbia within the various appropria-
tion headings in this Act from which costs are properly
payable, $19,000,000.
OUTPLACEMENT SERVICES
For the purpose of funding outplacement services for
employees who leave the District of Columbia government
involuntarily, $1,500,000.
BOARDS AND COMMISSIONS
The Mayor shall reduce appropriations and expendi-
tures for boards and commissions under the various head-
ings in this Act in the amount of $500,000.
GOVERNMENT RE-ENGINEERING PROGRAM
The Mayor shall reduce appropriations and expendi-
tures for personal and nonpersonal services in the amount
of $16,000,000 within one or several of the various appro-
priation headings in this Act.
PERSONAL AND NONPERSONAL SERVICES
ADJUSTMENTS
Notwithstanding any other provision of law, the
Mayor shall adjust appropriations and expenditures for
personal and nonpersonal services, together with the relat-
ed full-time equivalent positions, in accordance with the
direction of the District of Columbia Financial Respon-
sibility and Management Assistance Authority such that
there is a net reduction of $148,411,000, within or among
one or several of the various appropriation headings in this
Act, pursuant to section 208 of Public Law 104–8, ap-
proved April 17, 1995 (109 Stat. 134).
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, $168,222,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, secs. 43–1512 through 43–1519); the District of
Columbia Public Works Act of 1954, approved May 18,
1954 (68 Stat. 101; Public Law 83–364); An Act to au-
thorize the Commissioners of the District of Columbia to
borrow funds for capital improvement programs and to
amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation’s
Capital City, approved June 6, 1958 (72 Stat. 183; Public
Law 85–451; including acquisition of sites, preparation of
plans and specifications, conducting preliminary surveys,
erection of structures, including building improvement and
alteration and treatment of grounds, to remain available
until expended: Provided, That $105,660,000 appro-
priated under this heading in prior fiscal years is re-
scinded: Provided further, That funds for use of each cap-
ital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management Sys-
tem: Provided further, That all funds provided by this ap-
propriation title shall be available only for the specific
projects and purposes intended: Provided further, That
notwithstanding the foregoing, all authorizations for cap-
ital outlay projects, except those projects covered by the
first sentence of section 23(a) of the Federal-Aid Highway
Act of 1968, approved August 23, 1968 (82 Stat. 827;
Public Law 90–495; D.C. Code, sec. 7–134, note), for
which funds are provided by this appropriation title, shall
expire on September 30, 1997, except authorizations for
projects as to which funds have been obligated in whole
or in part prior to September 30, 1997: Provided further,
That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
WATER AND SEWER ENTERPRISE FUND
For
the
Water
and
Sewer
Enterprise
Fund,
$193,398,000 and 1,024 full-time equivalent positions
(end-of-year) (including $188,221,000 and 924 full-time
equivalent positions from local funds, $433,000 from other
funds, and $4,744,000 and 100 full-time equivalent posi-
tions from intra-District funds), of which $41,036,000
shall be apportioned and payable to the debt service fund
for repayment of loans and interest incurred for capital
improvement projects.
For construction projects, $39,477,000, as author-
ized by An Act authorizing the laying of water mains and
service sewers in the District of Columbia, the levying of
assessments therefor, and for other purposes, approved
April 22, 1904 (33 Stat. 244; Public Law 58–140; D.C.
Code, sec. 43–1512 et seq.): Provided, That the require-
ments and restrictions that are applicable to general fund
capital improvement projects and set forth in this Act
under the Capital Outlay appropriation title shall apply
to projects approved under this appropriation title.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
For the Lottery and Charitable Games Enterprise
Fund, established by the District of Columbia Appropria-
tion Act for the fiscal year ending September 30, 1982,
approved December 4, 1981 (95 Stat. 1174, 1175; Public
Law 97–91), as amended, for the purpose of implementing
the Law to Legalize Lotteries, Daily Numbers Games, and
Bingo and Raffles for Charitable Purposes in the District
of Columbia, effective March 10, 1981 (D.C. Law 3–172;
D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),
$229,907,000 and 88 full-time equivalent positions (end-
of-year) (including $8,099,000 and 88 full-time equivalent
positions for administrative expenses and $221,808,000
for non-administrative expenses from revenue generated
by the Lottery Board), to be derived from non-Federal
District of Columbia revenues: Provided, That the District
of Columbia shall identify the source of funding for this
appropriation title from the District’s own locally-gen-
erated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations
or activities of the Lottery and Charitable Games Control
Board.
CABLE TELEVISION ENTERPRISE FUND
For the Cable Television Enterprise Fund, estab-
lished by the Cable Television Communications Act of
1981, effective October 22, 1983 (D.C. Law 5–36; D.C.
Code, sec. 43–1801 et seq.), $2,469,000 and 8 full-time
equivalent positions (end-of-year) (including $2,137,000
and 8 full-time equivalent positions from local funds and
$332,000 from other funds), of which $690,000 shall be
transferred to the general fund of the District of Colum-
bia.
STARPLEX FUND
For the Starplex Fund, $8,637,000 from other funds
for the expenses incurred by the Armory Board in the ex-
ercise of its powers granted by An Act To Establish a Dis-
trict of Columbia Armory Board, and for other purposes,
approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2–
301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Pub-
lic Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided,
That the Mayor shall submit a budget for the Armory
Board for the forthcoming fiscal year as required by sec-
tion 442(b) of the District of Columbia Self-Government
and Governmental Reorganization Act, approved Decem-
ber 24, 1973 (87 Stat. 824; Public Law 93–198; D.C.
Code, sec. 47–301(b)).
D.C. GENERAL HOSPITAL
For the District of Columbia General Hospital, estab-
lished by Reorganization Order No. 57 of the Board of
Commissioners, effective August 15, 1953, a reduction of
$2,487,000 and a reduction of 180 full-time equivalent po-
sitions in intra-District funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by sec-
tion 121 of the District of Columbia Comprehensive Re-
tirement Reform Act of 1989, approved November 17,
1989 (93 Stat. 866; D.C. Code, sec. 1–711), $13,417,000
and 11 full-time equivalent positions (end-of-year) from
the earnings of the applicable retirement funds to pay
legal, management, investment, and other fees and admin-
istrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retire-
ment Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of
the allocations of charges by fund and of expenditures of
all funds: Provided further, That the District of Columbia
Retirement Board shall provide the Mayor, for transmittal
to the Council of the District of Columbia, an item ac-
counting of the planned use of appropriated funds in time
for each annual budget submission and the actual use of
such funds in time for each annual audited financial re-
port.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Estab-
lishment Act, approved October 3, 1964 (78 Stat. 1000;
Public Law 88–622), $10,048,000 and 66 full-time equiv-
alent positions (end-of-year) (including $3,415,000 and 22
full-time
equivalent
positions
from
other
funds
and
$6,633,000 and 44 full-time equivalent positions from
intra-District funds).
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
For the Washington Convention Center Enterprise
Fund, $37,957,000, of which $5,400,000 shall be derived
by transfer from the general fund.
DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY
For the District of Columbia Financial Responsibility
and Management Assistance Authority, established by sec-
tion 101(a) of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995, approved
April 17, 1995 (109 Stat. 97; Public Law 104–8),
$3,500,000.
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation
under this Act for any consulting service through procure-
ment contract, pursuant to 5 U.S.C. 3109, shall be limited
to those contracts where such expenditures are a matter
of public record and available for public inspection, except
where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
SEC. 102. Except as otherwise provided in this Act,
all vouchers covering expenditures of appropriations con-
tained in this Act shall be audited before payment by the
designated certifying official and the vouchers as approved
shall be paid by checks issued by the designated disbursing
official.
SEC. 103. Whenever in this Act, an amount is speci-
fied within an appropriation for particular purposes or ob-
jects of expenditure, such amount, unless otherwise speci-
fied, shall be considered as the maximum amount that
may be expended for said purpose or object rather than
an amount set apart exclusively therefor.
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for
privately owned automobiles and motorcycles used for the
performance of official duties at rates established by the
Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed
in the Federal Property Management Regulations 101–7
(Federal Travel Regulations).
SEC. 105. Appropriations in this Act shall be avail-
able for expenses of travel and for the payment of dues
of organizations concerned with the work of the District
of Columbia government, when authorized by the Mayor:
Provided, That the Council of the District of Columbia
and the District of Columbia Courts may expend such
funds without authorization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making refunds and for the payment of
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained
in this section shall be construed as modifying or affecting
the provisions of section 11(c)(3) of title XII of the Dis-
trict of Columbia Income and Franchise Tax Act of 1947,
approved March 31, 1956 (70 Stat. 78; Public Law 84–
460; D.C. Code, sec. 47–1812.11(c)(3)).
SEC. 107. Appropriations in this Act shall be avail-
able for the payment of public assistance without reference
to the requirement of section 544 of the District of Colum-
bia Public Assistance Act of 1982, effective April 6, 1982
(D.C. Law 4–101; D.C. Code, sec. 3–205.44), and for the
non-Federal share of funds necessary to qualify for Fed-
eral assistance under the Juvenile Delinquency Prevention
and Control Act of 1968, approved July 31, 1968 (82
Stat. 462; Public Law 90–445; 42 U.S.C. 3801 et seq.).
SEC. 108. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 109. No funds appropriated in this Act for the
District of Columbia government for the operation of edu-
cational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encour-
age, facilitate, or further partisan political activities.
Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan
political group during non-school hours.
SEC. 110. The annual budget for the District of Co-
lumbia government for the fiscal year ending September
30, 1997, shall be transmitted to the Congress no later
than April 15, 1996.
SEC. 111. None of the funds appropriated in this Act
shall be made available to pay the salary of any employee
of the District of Columbia government whose name, title,
grade, salary, past work experience, and salary history are
not available for inspection by the House and Senate Com-
mittees on Appropriations, the House Committee on Gov-
ernment Reform and Oversight, District of Columbia Sub-
committee, the Subcommittee on General Services, Fed-
eralism, and the District of Columbia, of the Senate Com-
mittee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representa-
tive: Provided, That none of the funds contained in this
Act shall be made available to pay the salary of any em-
ployee of the District of Columbia government whose name
and salary are not available for public inspection.
SEC. 112. There are appropriated from the applicable
funds of the District of Columbia such sums as may be
necessary for making payments authorized by the District
of Columbia Revenue Recovery Act of 1977, effective Sep-
tember 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–
421 et seq.).
SEC. 113. No part of this appropriation shall be used
for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or de-
feat legislation pending before Congress or any State legis-
lature.
SEC. 114. At the start of the fiscal year, the Mayor
shall develop an annual plan, by quarter and by project,
for capital outlay borrowings: Provided, That within a rea-
sonable time after the close of each quarter, the Mayor
shall report to the Council of the District of Columbia and
the Congress the actual borrowings and spending progress
compared with projections.
SEC. 115. The Mayor shall not borrow any funds for
capital projects unless the Mayor has obtained prior ap-
proval from the Council of the District of Columbia, by
resolution, identifying the projects and amounts to be fi-
nanced with such borrowings.
SEC. 116. The Mayor shall not expend any moneys
borrowed for capital projects for the operating expenses
of the District of Columbia government.
SEC. 117. None of the funds appropriated by this Act
may be obligated or expended by reprogramming except
pursuant to advance approval of the reprogramming
granted according to the procedure set forth in the Joint
Explanatory Statement of the Committee of Conference
(House Report No. 96–443), which accompanied the Dis-
trict of Columbia Appropriation Act, 1980, approved Octo-
ber 30, 1979 (93 Stat. 713; Public Law 96–93), as modi-
fied in House Report No. 98–265, and in accordance with
the Reprogramming Policy Act of 1980, effective Septem-
ber 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361
et seq.).
SEC. 118. None of the Federal funds provided in this
Act shall be obligated or expended to provide a personal
cook, chauffeur, or other personal servants to any officer
or employee of the District of Columbia.
SEC. 119. None of the Federal funds provided in this
Act shall be obligated or expended to procure passenger
automobiles as defined in the Automobile Fuel Efficiency
Act of 1980, approved October 10, 1980 (94 Stat. 1824;
Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ-
mental Protection Agency estimated miles per gallon aver-
age of less than 22 miles per gallon: Provided, That this
section shall not apply to security, emergency rescue, or
armored vehicles.
SEC. 120. (a) Notwithstanding section 422(7) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(7)), the City Administrator shall be paid, during any
fiscal year, a salary at a rate established by the Mayor,
not to exceed the rate established for level IV of the Exec-
utive Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law lim-
iting the availability of funds for payment of salary or pay
in any fiscal year, the highest rate of pay established by
the Mayor under subsection (a) of this section for any po-
sition for any period during the last quarter of calendar
year 1995 shall be deemed to be the rate of pay payable
for that position for September 30, 1995.
(c) Notwithstanding section 4(a) of the District of
Columbia Redevelopment Act of 1945, approved August
2, 1946 (60 Stat. 793; Public Law 79–592; D.C. Code,
sec. 5–803(a)), the Board of Directors of the District of
Columbia Redevelopment Land Agency shall be paid, dur-
ing any fiscal year, per diem compensation at a rate estab-
lished by the Mayor.
SEC. 121. Notwithstanding any other provisions of
law, the provisions of the District of Columbia Govern-
ment Comprehensive Merit Personnel Act of 1978, effec-
tive March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–
601.1 et seq.), enacted pursuant to section 422(3) of the
District of Columbia Self-Government and Governmental
Reorganization Act of 1973, approved December 24, 1973
(87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–
242(3)), shall apply with respect to the compensation of
District of Columbia employees: Provided, That for pay
purposes, employees of the District of Columbia govern-
ment shall not be subject to the provisions of title 5 of
the United States Code.
SEC. 122. The Director of the Department of Admin-
istrative Services may pay rentals and repair, alter, and
improve rented premises, without regard to the provisions
of section 322 of the Economy Act of 1932 (Public Law
72–212; 40 U.S.C. 278a), upon a determination by the
Director, that by reason of circumstances set forth in such
determination, the payment of these rents and the execu-
tion of this work, without reference to the limitations of
section 322, is advantageous to the District in terms of
economy, efficiency, and the District’s best interest.
SEC. 123. No later than 30 days after the end of the
first quarter of the fiscal year ending September 30, 1996,
the Mayor of the District of Columbia shall submit to the
Council of the District of Columbia the new fiscal year
1996 revenue estimates as of the end of the first quarter
of fiscal year 1996. These estimates shall be used in the
budget request for the fiscal year ending September 30,
1997. The officially revised estimates at midyear shall be
used for the midyear report.
SEC. 124. No sole source contract with the District
of Columbia government or any agency thereof may be re-
newed or extended without opening that contract to the
competitive bidding process as set forth in section 303 of
the District of Columbia Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6–85; D.C.
Code, sec. 1–1183.3), except that the District of Columbia
Public Schools may renew or extend sole source contracts
for which competition is not feasible or practical, provided
that the determination as to whether to invoke the com-
petitive bidding process has been made in accordance with
duly promulgated Board of Education rules and proce-
dures.
SEC. 125. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved Decem-
ber 12, 1985 (99 Stat. 1037; Public Law 99–177), as
amended, the term ‘‘program, project, and activity’’ shall
be synonymous with and refer specifically to each account
appropriating Federal funds in this Act, and any seques-
tration order shall be applied to each of the accounts rath-
er than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any ac-
count that is specifically exempted from sequestration by
the Balanced Budget and Emergency Deficit Control Act
of 1985, approved December 12, 1985 (99 Stat. 1037;
Public Law 99–177), as amended.
SEC. 126. In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99
Stat. 1037: Public Law 99–177), as amended, after the
amounts appropriated to the District of Columbia for the
fiscal year involved have been paid to the District of Co-
lumbia, the Mayor of the District of Columbia shall pay
to the Secretary of the Treasury, within 15 days after re-
ceipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in
the order shall be applied proportionately to each of the
Federal appropriation accounts in this Act that are not
specifically exempted from sequestration by the Balanced
Budget and Emergency Deficit Control Act of 1985, ap-
proved December 12, 1985 (99 Stat. 1037; Public Law
99–177), as amended.
SEC. 127. For the fiscal year ending September 30,
1996, the District of Columbia shall pay interest on its
quarterly payments to the United States that are made
more than 60 days from the date of receipt of an itemized
statement from the Federal Bureau of Prisons of amounts
due for housing District of Columbia convicts in Federal
penitentiaries for the preceding quarter.
SEC. 128. Nothing in this Act shall be construed to
authorize any office, agency or entity to expend funds for
programs or functions for which a reorganization plan is
required but has not been approved by the Council pursu-
ant to section 422(12) of the District of Columbia Self-
Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 790; Public
Law 93–198; D.C. Code, sec. 1–242(12)) and the Govern-
mental Reorganization Procedures Act of 1981, effective
October 17, 1981 (D.C. Law 4–42; D.C. Code, secs. 1–
299.1 to 1–299.7). Appropriations made by this Act for
such programs or functions are conditioned on the ap-
proval by the Council, prior to October 1, 1995, of the
required reorganization plans.
SEC. 129. (a) An entity of the District of Columbia
government may accept and use a gift or donation during
fiscal year 1996 if—
(1) the Mayor approves the acceptance and use
of the gift or donation: Provided, That the Council
of the District of Columbia may accept and use gifts
without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry
out its authorized functions or duties.
(b) Each entity of the District of Columbia govern-
ment shall keep accurate and detailed records of the ac-
ceptance and use of any gift or donation under subsection
(a) of this section, and shall make such records available
for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity
of the District of Columbia government’’ includes an inde-
pendent agency of the District of Columbia.
(d) This section shall not apply to the District of Co-
lumbia Board of Education, which may, pursuant to the
laws and regulations of the District of Columbia, accept
and use gifts to the public schools without prior approval
by the Mayor.
SEC. 130. None of the Federal funds provided in this
Act may be used by the District of Columbia to provide
for salaries, expenses, or other costs associated with the
offices of United States Senator or United States Rep-
resentatives under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3–171; D.C. Code,
sec. 1–113(d)).
PROHIBITION AGAINST USE OF FUNDS FOR ABORTIONS
SEC. 131. (a) IN GENERAL.—Section 602(a) of the
District of Columbia Self-Government and Governmental
Reorganization Act (sec. 1–233(a), D.C. Code), as amend-
ed by section 108(b)(2) of the District of Columbia Finan-
cial Responsibility and Management Assistance Act of
1995, is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(11) enact any act, resolution, or rule which
obligates or expends funds of the District of Colum-
bia (without regard to the source of such funds) for
any abortion, or which appropriates funds to any fa-
cility owned or operated by the District of Columbia
in which any abortion is performed, except where the
life of the mother would be endangered if the fetus
were carried to term, or in cases of forcible rape re-
ported within 30 days to a law enforcement agency,
or cases of incest reported to a law enforcement
agency or child abuse agency prior to the perform-
ance of the abortion.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to acts, resolutions, or rules of
the Council of the District of Columbia which take effect
in fiscal years beginning with fiscal year 1996.
SEC. 132. None of the funds appropriated in this Act
shall be obligated or expended on any proposed change in
either the use or configuration of, or on any proposed im-
provement to, the Municipal Fish Wharf until such pro-
posed change or improvement has been reviewed and ap-
proved by Federal and local authorities including, but not
limited to, the National Capital Planning Commission, the
Commission of Fine Arts, and the Council of the District
of Columbia, in compliance with applicable local and Fed-
eral laws which require public hearings, compliance with
applicable environmental regulations including, but not
limited to, any amendments to the Washington, D.C.
urban renewal plan which must be approved by both the
Council of the District of Columbia and the National Cap-
ital Planning Commission.
SEC. 133. (a) SENSE OF CONGRESS.—It is the sense
of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made
available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each agency of the Federal or District of Columbia govern-
ment, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 134. (a) No funds made available pursuant to
any provision of this Act shall be used to implement or
enforce any system of registration of unmarried, cohabit-
ing couples whether they are homosexual, lesbian, or het-
erosexual, including but not limited to registration for the
purpose of extending employment, health, or governmental
benefits to such couples on the same basis such benefits
are extended to legally married couples.
(b) The Health Care Benefits Expansion Act (D.C.
Law 9–114; sec. 36–140l et seq., D.C. Code) is hereby
repealed.
SEC. 135. Sections 431(f) and 433(b)(5) of the Dis-
trict of Columbia Self-Government and Governmental Re-
organization Act, approved December 24, 1973 (87 Stat.
813; Public Law 93–198; D.C. Code, secs. 11–1524 and
title 11, App. 433), are amended to read as follows:
(a) Section 431(f) (D.C. Code, sec. 11–1524) is
amended to read as follows:
‘‘(f) Members of the Tenure Commission shall serve
without compensation for services rendered in connection
with their official duties on the Commission.’’.
(b) Section 433(b)(5) (title 11, App. 433) is
amended to read as follows:
‘‘(5) Members of the Commission shall serve
without compensation for services rendered in con-
nection with their official duties on the Commis-
sion.’’.
SEC. 136. Section 451 of the District of Columbia
Self-Government and Governmental Reorganization Act of
1973, approved December 24, 1973 (87 Stat. 803; Public
Law 93–198; D.C. Code, sec. 1–1130), is amended by
adding a new subsection (c) to read as follows:
‘‘(c)(1) The District may enter into multiyear con-
tracts to obtain goods and services for which funds would
otherwise be available for obligation only within the fiscal
year for which appropriated.
‘‘(2) If the funds are not made available for the con-
tinuation of such a contract into a subsequent fiscal year,
the contract shall be cancelled or terminated, and the cost
of cancellation or termination may be paid from—
‘‘(A) appropriations originally available for the
performance of the contract concerned;
‘‘(B) appropriations currently available for pro-
curement of the type of acquisition covered by the
contract, and not otherwise obligated; or
‘‘(C) funds appropriated for those payments.
‘‘(3) No contract entered into under this section shall
be valid unless the Mayor submits the contract to the
Council for its approval and the Council approves the con-
tract (in accordance with criteria established by act of the
Council). The Council shall be required to take affirmative
action to approve the contract within 45 days. If no action
is taken to approve the contract within 45 calendar days,
the contract shall be deemed disapproved.’’.
SEC. 137. The District of Columbia Real Property
Tax Revision Act of 1974, approved September 3, 1974
(88 Stat. 1051; D.C. Code, sec. 47–801 et seq.), is amend-
ed as follows:
(1) Section 412 (D.C. Code, sec. 47–812) is
amended as follows:
(A) Subsection (a) is amended by striking
the third and fourth sentences and inserting the
following sentences in their place: ‘‘If the Coun-
cil does extend the time for establishing the
rates of taxation on real property, it must es-
tablish those rates for the tax year by perma-
nent legislation. If the Council does not estab-
lish the rates of taxation of real property by Oc-
tober 15, and does not extend the time for es-
tablishing rates, the rates of taxation applied
for the prior year shall be the rates of taxation
applied during the tax year.’’.
(B) A new subsection (a–2) is added to
read as follows:
‘‘(a–2) Notwithstanding the provisions of subsection
(a) of this section, the real property tax rates for taxable
real property in the District of Columbia for the tax year
beginning October 1, 1995, and ending September 30,
1996, shall be the same rates in effect for the tax year
beginning October 1, 1993, and ending September 30,
1994.’’.
(2) Section 413(c) (D.C. Code, sec. 47–815(c))
is repealed.
SEC. 138. Title 18 U.S.C. 1761(b) is amended by
striking the period at the end and inserting the phrase
‘‘or not-for-profit organizations.’’ in its place.
SEC. 139. Within 120 days of the effective date of
this Act, the Mayor shall submit to the Congress and the
Council a report delineating the actions taken by the exec-
utive to effect the directives of the Council in this Act,
including—
(1) negotiations with representatives of collec-
tive bargaining units to reduce employee compensa-
tion;
(2) actions to restructure existing long-term
city debt;
(3) actions to apportion the spending reductions
anticipated by the directives of this Act to the execu-
tive for unallocated reductions; and
(4) a list of any position that is backfilled in-
cluding description, title, and salary of the position.
SEC. 140. The Board of Education shall submit to
the Congress, Mayor, and Council of the District of Co-
lumbia no later than fifteen (15) calendar days after the
end of each month a report that sets forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, agency reporting code, and object class, and for
all funds, including capital financing;
(2) a breakdown of FTE positions and staff for
the most current pay period broken out on the basis
of control center, responsibility center, and agency
reporting code within each responsibility center, for
all funds, including capital funds;
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and agency reporting code, and for all funding
sources;
(4) a list of all active contracts in excess of
$10,000 annually, which contains; the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center,
responsibility center, and agency reporting code; and
contract identifying codes used by the D.C. Public
Schools; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(5) all reprogramming requests and reports
that are required to be, and have been, submitted to
the Board of Education; and
(6) changes made in the last month to the orga-
nizational structure of the D.C. Public Schools, dis-
playing previous and current control centers and re-
sponsibility centers, the names of the organizational
entities that have been changed, the name of the
staff member supervising each entity affected, and
the reasons for the structural change.
SEC. 141. The University of the District of Columbia
shall submit to the Congress, Mayor, and Council of the
District of Columbia no later than fifteen (15) calendar
days after the end of each month a report that sets
forth—
(1) current month expenditures and obligations,
year-to-date expenditures and obligations, and total
fiscal year expenditure projections vs. budget broken
out on the basis of control center, responsibility cen-
ter, and object class, and for all funds, including
capital financing;
(2) a breakdown of FTE positions and all em-
ployees for the most current pay period broken out
on the basis of control center and responsibility cen-
ter, for all funds, including capital funds.
(3) a list of each account for which spending is
frozen and the amount of funds frozen, broken out
by control center, responsibility center, detailed ob-
ject, and for all funding sources;
(4) a list of all active contracts in excess of
$10,000 annually, which contains: the name of each
contractor; the budget to which the contract is
charged broken out on the basis of control center
and responsibility center, and contract identifying
codes used by the University of the District of Co-
lumbia; payments made in the last month and year-
to-date, the total amount of the contract and total
payments made for the contract and any modifica-
tions, extensions, renewals; and specific modifica-
tions made to each contract in the last month;
(5) all reprogramming requests and reports
that have been made by the University of the Dis-
trict of Columbia within the last month in compli-
ance with applicable law; and
(6) changes made in the last month to the orga-
nizational structure of the University of the District
of Columbia, displaying previous and current control
centers and responsibility centers, the names of the
organizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
SEC. 142. (a) The Board of Education of the District
of Columbia and the University of the District of Colum-
bia shall annually compile an accurate and verifiable re-
port on the positions and employees in the public school
system and the university, respectively. The annual report
shall set forth—
(1) the number of validated schedule A posi-
tions in the District of Columbia Public Schools and
the University of the District of Columbia for fiscal
year 1995, fiscal year 1996, and thereafter on full-
time equivalent basis, including a compilation of all
positions by control center, responsibility center,
funding source, position type, position title, pay
plan, grade, and annual salary; and
(2) a compilation of all employees in the Dis-
trict of Columbia Public Schools and the University
of the District of Columbia as of the preceding De-
cember 31, verified as to its accuracy in accordance
with the functions that each employee actually per-
forms, by control center, responsibility center, agen-
cy
reporting
code,
program
(including
funding
source), activity, location for accounting purposes,
job title, grade and classification, annual salary, and
position control number.
(b) The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor
and Council of the District of Columbia, by not later than
February 8 of each year.
SEC. 143. (a) Not later than October 1, 1995, or
within 15 calendar days after the date of the enactment
of the District of Columbia Appropriations Act, 1996,
whichever occurs later, and each succeeding year, the
Board of Education and the University of the District of
Columbia shall submit to the Congress, the Mayor, and
Council of the District of Columbia, a revised appropriated
funds operating budget for the public school system and
the University of the District of Columbia for such fiscal
year that is in the total amount of the approved appropria-
tion and that realigns budgeted data for personal services
and other-than-personal services, respectively, with antici-
pated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Board of Education and the University of the
District of Columbia submit to the Mayor of the District
of Columbia for inclusion in the Mayor’s budget submis-
sion to the Council of the District of Columbia pursuant
to section 442 of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act, Public Law
93–198, as amended (D.C. Code, sec. 47–301).
SEC. 144. The Board of Education, the Board of
Trustees of the University of the District of Columbia, the
Board of Library Trustees, and the Board of Governors
of the D.C. School of Law shall vote on and approve their
respective annual or revised budgets before submission to
the Mayor of the District of Columbia for inclusion in the
Mayor’s budget submission to the Council of the District
of Columbia in accordance with section 442 of the District
of Columbia Self-Government and Governmental Reorga-
nization Act, Public Law 93–198, as amended (D.C. Code,
sec. 47–301), or before submitting their respective budgets
directly to the Council.
SEC. 145. Notwithstanding any other provision of
law, rule, or regulation, the evaluation process and instru-
ments for evaluating District of Columbia Public Schools
employees shall be a non-negotiable item for collective bar-
gaining purposes.
SEC. 146. (a) No agency, including an independent
agency, shall fill a position wholly funded by appropria-
tions authorized by this Act, which is vacant on October
1, 1995, or becomes vacant between October 1, 1995, and
September 30, 1996, unless the Mayor or independent
agency submits a proposed resolution of intent to fill the
vacant position to the Council. The Council shall be re-
quired to take affirmative action on the Mayor’s resolution
within 30 legislative days. If the Council does not affirma-
tively approve the resolution within 30 legislative days, the
resolution shall be deemed disapproved.
(b) No reduction in the number of full-time equiva-
lent positions or reduction-in-force due to privatization or
contracting out shall occur if the District of Columbia Fi-
nancial Responsibility and Management Assistance Au-
thority, established by section 101(a) of the District of Co-
lumbia Financial Responsibility and Management Assist-
ance Act of 1995, approved April 17, 1995 (109 Stat. 97;
Public Law 104–8), disallows the full-time equivalent posi-
tion reduction provided in this act in meeting the maxi-
mum ceiling of 35,771 for the fiscal year ending Septem-
ber 30, 1996.
(c) This section shall not prohibit the appropriate
personnel authority from filling a vacant position with a
District government employee currently occupying a posi-
tion that is funded with appropriated funds.
(d) This section shall not apply to local school-based
teachers, school-based officers, or school-based teachers’
aides; or court personnel covered by title 11 of the D.C
Code, except chapter 23.
SEC. 147. (a) Not later than 15 days after the end
of every fiscal quarter (beginning October 1, 1995), the
Mayor shall submit to the Council a report with respect
to the employees on the capital project budget for the pre-
vious quarter.
(b) Each report submitted pursuant to subsection (a)
of this section shall include the following information—
(1) a list of all employees by position, title,
grade and step;
(2) a job description, including the capital
project for which each employee is working;
(3) the date that each employee began working
on the capital project and the ending date that each
employee completed or is projected to complete work
on the capital project; and
(4) a detailed explanation justifying why each
employee is being paid with capital funds.
SEC. 148. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 301 (D.C. Code, sec. 1–603.1) is
amended as follows:
(1) A new paragraph (13A) is added to
read as follows:
‘‘(13A) ‘Nonschool-based personnel’ means any
employee of the District of Columbia Public Schools
who is not based at a local school or who does not
provide direct services to individual students.’’.
(2) A new paragraph (15A) is added to
read as follows:
‘‘(15A)
‘School
administrators’
means
prin-
cipals, assistant principals, school program directors,
coordinators, instructional supervisors, and support
personnel
of
the
District
of
Columbia
Public
Schools.’’.
(b) Section 801A(b)(2) (D.C. Code, sec. 1–
609.1(b)(2)) is amended by adding a new subpara-
graph (L–i) to read as follows:
‘‘(L–i) Notwithstanding any other provi-
sion of law, the Board of Education shall not
issue rules that require or permit nonschool-
based personnel or school administrators to be
assigned or reassigned to the same competitive
level as classroom teachers;’’
(c) Section 2402 (D.C. Code, sec. 1–625.2) is
amended by adding a new subsection (f) to read as
follows:
‘‘(f) Notwithstanding any other provision of law, the
Board of Education shall not require or permit nonschool-
based personnel or school administrators to be assigned
or reassigned to the same competitive level as classroom
teachers.’’.
SEC. 149. (a) Notwithstanding any other provision
of law, rule, or regulation, an employee of the District of
Columbia Public Schools shall be—
(1) classified as an Educational Service em-
ployee’
(2) placed under the personnel authority of the
Board of Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate
competitive area from nonschool-based personnel who shall
not compete with school-based personnel for retention pur-
poses.
SEC. 150. The District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective
March 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1
et seq.), is amended as follows:
(a) Section 2401 (D.C. Code, sec. 1–625.1) is
amended by amending the third sentence to read as
follows: ‘‘A personnel authority may establish lesser
competitive areas within an agency on the basis of
all or a clearly identifiable segment of an agency’s
mission or a division or major subdivision of an
agency.’’.
(b) A new section 2406 is added to read as fol-
lows:
‘‘SEC. 2406. Abolishment of positions for Fiscal Year
1996.
‘‘(a) Notwithstanding any other provision of law, reg-
ulation, or collective bargaining agreement either in effect
or to be negotiated while this legislation is in effect for
the fiscal year ending September 30, 1996, each agency
head is authorized, within the agency head’s discretion,
to identify positions for abolishment.
‘‘(b) Prior to February 1, 1996, each personnel au-
thority shall make a final determination that a position
within the personnel authority is to be abolished.
‘‘(c) Notwithstanding any rights or procedures estab-
lished by any other provision of this title, any District gov-
ernment employee, regardless of date of hire, who encum-
bers a position identified for abolishment shall be sepa-
rated without competition or assignment rights, except as
provided in this section.
‘‘(d) An employee effected by the abolishment of a
position pursuant to this section who, but for this section
would be entitled to compete for retention, shall be entitled
to 1 round of lateral competition pursuant to Chapter 24
of the District of Columbia Personnel Manual, which shall
be limited to positions in the employee’s competitive level.
‘‘(e) Each employee who is a bona fide resident of
the District of Columbia shall have added 5 years to his
or her creditable service for reduction-in-force purposes.
For purposes of this subsection only, a nonresident Dis-
trict employee who was hired by the District government
prior to January 1, 1980, and has not had a break in
service since that date, or a former employee of the U.S.
Department of Health and Human Services at Saint Eliz-
abeths Hospital who accepted employment with the Dis-
trict government on October 1, 1987, and has not had
a break in service since that date, shall be considered a
District resident.
‘‘(f) Each employee selected for separation pursuant
to this section shall be given written notice of at least 30
days before the effective date of his or her separation.
‘‘(g) Neither the establishment of a competitive area
smaller than an agency, nor the determination that a spe-
cific position is to be abolished, nor separation pursuant
to this section shall be subject to review except as fol-
lows—
‘‘(1) an employee may file a complaint contest-
ing a determination or a separation pursuant to title
XV of this Act or section 303 of the Human Rights
Act of 1977, effective December 13, 1977 (D.C.
Law 2–38; D.C. Code, sec. 1–2543); and
‘‘(2) an employee may file with the Office of
Employee Appeals an appeal contesting that the sep-
aration procedures of subsections (d) and (f) of this
section were not properly applied.
‘‘(h) An employee separated pursuant to this section
shall be entitled to severance pay in accordance with title
XI of this Act, except that the following shall be included
in computing creditable service for severance pay for em-
ployees separated pursuant to this section—
‘‘(1) four years for an employee who qualified
for veteran’s preference under this act, and
‘‘(2) three years for an employee who qualified
for residency preference under this act.
‘‘(i) Separation pursuant to this section shall not af-
fect an employee’s rights under either the Agency Reem-
ployment Priority Program or the Displaced Employee
Program established pursuant to Chapter 24 of the Dis-
trict Personnel Manual.
‘‘(j) The Mayor shall submit to the Council a listing
of all positions to be abolished by agency and responsibility
center by March 1, 1996, or upon the delivery of termi-
nation notices to individual employees.
‘‘(k) Notwithstanding the provisions of section 1708
or section 2402(d), the provisions of this act shall not be
deemed negotiable.
‘‘(l) A personnel authority shall cause a 30-day termi-
nation notice to be served, no later than September 1,
1996, on any incumbent employee remaining in any posi-
tion identified to be abolished pursuant to subsection (b)
of this section’’.
SEC. 151. Notwithstanding any other provision of
law, the total amount appropriated in this Act for operat-
ing expenses for the District of Columbia for fiscal year
1996 under the caption ‘‘Division of Expenses’’ shall not
exceed $4,867,283,000.
REQUIRING DEVELOPMENT OF PLAN TO CLOSE LORTON
CORRECTIONAL COMPLEX
SEC. 152. (a) DEVELOPMENT OF PLAN.—
(1) IN GENERAL.—Not later than February 15,
1996, the District of Columbia shall develop a plan
for closing the Lorton Correctional Complex over a
transition period not to exceed 5 years in length.
(2) REQUIREMENTS OF PLAN.—The plan devel-
oped by the District of Columbia under paragraph
(1) shall meet the following requirements:
(A) Under the plan, the Lorton Correc-
tional Complex will be closed by the expiration
of the transition period.
(B) Under the plan, the District of Colum-
bia may not operate any correctional facilities
on the Federal property known as the Lorton
Complex located in Fairfax County, Virginia,
after the expiration of the transition period.
(C) The plan shall include provisions speci-
fying how and to what extent the District will
utilize alternative management, including the
private sector, for the operation of correctional
facilities for the District, and shall include pro-
visions describing the treatment under such al-
ternative management (including under con-
tracts) of site selection, design, financing, con-
struction, and operation of correctional facilities
for the District.
(D) The plan shall include an implementa-
tion schedule, together with specific perform-
ance measures and timelines to determine the
extent to which the District is meeting the
schedule during the transition period.
(E) Under the plan, the Mayor of the Dis-
trict of Columbia shall submit a semi-annual re-
port to the President, Congress, and the Dis-
trict of Columbia Financial Responsibility and
Management Assistance Authority describing
the actions taken by the District under the
plan, and in addition shall regularly report to
the President, Congress, and the District of Co-
lumbia Financial Responsibility and Manage-
ment Assistance Authority on all significant
measures taken under the plan as soon as such
measures are taken.
(b)
CONSISTENCY
WITH
FINANCIAL
PLAN
AND
BUDGET.—In developing the plan under subsection (a),
the District of Columbia shall ensure that for each of the
years during which the plan is in effect, the plan shall
be consistent with the financial plan and budget for the
District of Columbia for the year under subtitle A of title
II of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995.
(c) SUBMISSION OF PLAN.—Upon completing the de-
velopment of the plan under subsection (a), the District
of Columbia shall submit the plan to the President, Con-
gress, and the District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
PROHIBITION AGAINST ADOPTION BY UNMARRIED
COUPLES
SEC. 153. (a) IN GENERAL.—Section 16–302, D.C.
Code, is amended—
(1) by striking ‘‘Any person’’ and inserting ‘‘(a)
Subject to subsection (b), any person’’; and
(2) by adding at the end the following sub-
section:
‘‘(b) No person may join in a petition under this sec-
tion unless the person is the spouse of the petitioner.’’.
(b) NO EFFECT
ON PETITIONS
FOR ADOPTION
FILED BY INDIVIDUAL UNMARRIED PETITIONER.—Noth-
ing in section 16–302(b), D.C. Code (as added by sub-
section (a)) shall be construed to affect the ability of any
unmarried person to file a petition for adoption in the Su-
perior Court of the District of Columbia where no other
person joins in the petition.
TECHNICAL CORRECTIONS TO FINANCIAL
RESPONSIBILITY AND MANAGEMENT ASSISTANCE ACT
SEC. 154. (a) REQUIRING GSA TO PROVIDE SUP-
PORT SERVICES.—Section 103(f) of the District of Colum-
bia Financial Responsibility and Management Assistance
Act of 1995 is amended by striking ‘‘may provide’’ and
inserting ‘‘shall promptly provide’’.
(b) AVAILABILITY OF CERTAIN FEDERAL BENEFITS
FOR INDIVIDUALS WHO BECOME EMPLOYED BY THE AU-
THORITY.—
(1)
FORMER
FEDERAL
EMPLOYEES.—Sub-
section (e) of section 102 of such Act is amended to
read as follows:
‘‘(e) PRESERVATION OF RETIREMENT AND CERTAIN
OTHER RIGHTS OF FEDERAL EMPLOYEES WHO BECOME
EMPLOYED BY THE AUTHORITY.—
‘‘(1) IN GENERAL.—Any Federal employee who
becomes employed by the Authority—
‘‘(A) may elect, for the purposes set forth
in paragraph (2)(A), to be treated, for so long
as that individual remains continuously em-
ployed by the Authority, as if such individual
had not separated from service with the Federal
Government, subject to paragraph (3); and
‘‘(B) shall, if such employee subsequently
becomes reemployed by the Federal Govern-
ment, be entitled to have such individual’s serv-
ice with the Authority treated, for purposes of
determining the appropriate leave accrual rate,
as if it had been service with the Federal Gov-
ernment.
‘‘(2) EFFECT OF AN ELECTION.—An election
made by an individual under the provisions of para-
graph (1)(A)—
‘‘(A) shall qualify such individual for the
treatment described in such provisions for pur-
poses of—
‘‘(i) chapter 83 or 84 of title 5, Unit-
ed States Code, as appropriate (relating to
retirement), including the Thrift Savings
Plan;
‘‘(ii) chapter 87 of such title (relating
to life insurance); and
‘‘(iii) chapter 89 of such title (relating
to health insurance); and
‘‘(B) shall disqualify such individual, while
such election remains in effect, from participat-
ing in the programs offered by the government
of the District of Columbia (if any) correspond-
ing to the respective programs referred to in
subparagraph (A).
‘‘(3) CONDITIONS FOR AN ELECTION TO BE EF-
FECTIVE.—An election made by an individual under
paragraph (1)(A) shall be ineffective unless—
‘‘(A) it is made before such individual sep-
arates from service with the Federal Govern-
ment; and
‘‘(B) such individual’s service with the Au-
thority commences within 3 days after so sepa-
rating (not counting any holiday observed by
the government of the District of Columbia).
‘‘(4) CONTRIBUTIONS.—If an individual makes
an election under paragraph (1)(A), the Authority
shall, in accordance with applicable provisions of law
referred to in paragraph (2)(A), be responsible for
making the same deductions from pay and the same
agency contributions as would be required if it were
a Federal agency.
‘‘(5) REGULATIONS.—Any regulations necessary
to carry out this subsection shall be prescribed by—
‘‘(A) the Office of Personnel Management,
to the extent that any program administered by
the Office is involved;
‘‘(B) the appropriate office or agency of
the government of the District of Columbia, to
the extent that any program administered by
such office or agency is involved; and
‘‘(C) the Executive Director referred to in
section 8474 of title 5, United States Code, to
the extent that the Thrift Savings Plan is in-
volved.’’.
(2) OTHER INDIVIDUALS.—Section 102 of such
Act is further amended by adding at the end the fol-
lowing:
‘‘(f) FEDERAL BENEFITS FOR OTHERS.—
‘‘(1) IN
GENERAL.—The Office of Personnel
Management, in conjunction with each correspond-
ing office or agency of the government of the Dis-
trict of Columbia, shall prescribe regulations under
which any individual who becomes employed by the
Authority (under circumstances other than as de-
scribed in subsection (e)) may elect either—
‘‘(A) to be deemed a Federal employee for
purposes of the programs referred to in sub-
section (e)(2)(A)(i)-(iii); or
‘‘(B) to participate in 1 or more of the cor-
responding programs offered by the government
of the District of Columbia.
‘‘(2) EFFECT OF AN ELECTION.—An individual
who elects the option under subparagraph (A) or (B)
of paragraph (1) shall be disqualified, while such
election remains in effect, from participating in any
of the programs referred to in the other such sub-
paragraph.
‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE
OR AGENCY’.—For purposes of paragraph (1), the
term ‘corresponding office or agency of the govern-
ment of the District of Columbia’ means, with re-
spect to any program administered by the Office of
Personnel Management, the office or agency respon-
sible for administering the corresponding program
(if any) offered by the government of the District of
Columbia.
‘‘(4) THRIFT
SAVINGS
PLAN.—To the extent
that the Thrift Savings Plan is involved, the preced-
ing provisions of this subsection shall be applied by
substituting ‘the Executive Director referred to in
section 8474 of title 5, United States Code’ for ‘the
Office of Personnel Management’.’’.
(3) EFFECTIVE DATE; ADDITIONAL ELECTION
FOR
FORMER
FEDERAL
EMPLOYEES
SERVING
ON
DATE OF ENACTMENT; ELECTION FOR EMPLOYEES
APPOINTED DURING INTERIM PERIOD.—
(A) EFFECTIVE DATE.—Not later than 6
months after the date of enactment of this Act,
there shall be prescribed (and take effect)—
(i)
regulations
to
carry
out
the
amendments made by this subsection; and
(ii) any other regulations necessary to
carry out this subsection.
(B) ADDITIONAL ELECTION FOR FORMER
FEDERAL
EMPLOYEES
SERVING
ON
DATE
OF
ENACTMENT.—
(i) IN GENERAL.—Any former Federal
employee employed by the Authority on the
effective date of the regulations referred to
in subparagraph (A)(i) may, within such
period as may be provided for under those
regulations, make an election similar, to
the maximum extent practicable, to the
election provided for under section 102(e)
of the District of Columbia Financial Re-
sponsibility and Management Assistance
Act of 1995, as amended by this sub-
section. Such regulations shall be pre-
scribed jointly by the Office of Personnel
Management and each corresponding office
or agency of the government of the District
of Columbia (in the same manner as pro-
vided for in section 102(f) of such Act, as
so amended).
(ii) EXCEPTION.—An election under
this subparagraph may not be made by
any individual who—
(I) is not then participating in a
retirement system for Federal employ-
ees (disregarding Social Security); or
(II) is then participating in any
program of the government of the
District of Columbia referred to in
section 102(e)(2)(B) of such Act (as
so amended).
(C)
ELECTION
FOR
EMPLOYEES
AP-
POINTED DURING INTERIM PERIOD.—
(i)
FROM
THE
FEDERAL
GOVERN-
MENT.—Subsection (e) of section 102 of
the District of Columbia Financial Respon-
sibility and Management Assistance Act of
1995 (as last in effect before the date of
enactment of this Act) shall be deemed to
have remained in effect for purposes of any
Federal employee who becomes employed
by the District of Columbia Financial Re-
sponsibility and Management Assistance
Authority during the period beginning on
such date of enactment and ending on the
day before the effective date of the regula-
tions prescribed to carry out subparagraph
(B).
(ii) OTHER INDIVIDUALS.—The regu-
lations prescribed to carry out subsection
(f) of section 102 of the District of Colum-
bia Financial Responsibility and Manage-
ment Assistance Act of 1995 (as amended
by this subsection) shall include provisions
under which an election under such sub-
section shall be available to any individual
who—
(I) becomes employed by the Dis-
trict of Columbia Financial Respon-
sibility and Management Assistance
Authority during the period beginning
on the date of enactment of this Act
and ending on the day before the ef-
fective date of such regulations;
(II) would have been eligible to
make an election under such regula-
tions had those regulations been in ef-
fect when such individual became so
employed; and
(III) is not then participating in
any program of the government of the
District of Columbia referred to in
subsection (f)(1)(B) of such section
102 (as so amended).
(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR
AUTHORITY EMPLOYEES.—Section 104 of such Act is
amended—
(1) by striking ‘‘the Authority and its mem-
bers’’ and inserting ‘‘the Authority, its members,
and its employees’’; and
(2) by striking ‘‘the District of Columbia’’ and
inserting ‘‘the Authority or its members or employ-
ees or the District of Columbia’’.
(d) PERMITTING REVIEW OF EMERGENCY LEGISLA-
TION.—Section 203(a)(3) of such Act is amended by strik-
ing subparagraph (C).
TITLE II—DISTRICT OF
COLUMBIA SCHOOL REFORM
SEC. 2001. SHORT TITLE.
This title may be cited as the ‘‘District of Columbia
School Reform Act of 1995’’.
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this
title:
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
(A) the Committee on Appropriations of
the House of Representatives and the Commit-
tee on Appropriations of the Senate;
(B) the Committee on Economic and Edu-
cational Opportunities of the House of Rep-
resentatives and the Committee on Labor and
Human Resources of the Senate; and
(C) the Committee on Government Reform
and Oversight of the House of Representatives
and the Committee on Governmental Affairs of
the Senate.
(2) AUTHORITY.—The term ‘‘Authority’’ means
the District of Columbia Financial Responsibility
and Management Assistance Authority established
under section 101(a) of the District of Columbia Fi-
nancial Responsibility and Management Assistance
Act of 1995 (Public Law 104–8).
(3) AVERAGE DAILY ATTENDANCE.—The term
‘‘average daily attendance’’, when used with respect
to a school and a period of time, means the aggre-
gate attendance of the school during the period di-
vided by the number of days during the period on
which—
(A) the school is in session; and
(B) the pupils of the school are under the
guidance and direction of teachers.
(4) AVERAGE DAILY MEMBERSHIP.—
(A) INDIVIDUAL SCHOOL.—The term ‘‘av-
erage daily membership’’, when used with re-
spect to a school and a period of time, means
the aggregate enrollment of the school during
the period divided by the number of days dur-
ing the period on which—
(i) the school is in session; and
(ii) the pupils of the school are under
the guidance and direction of teachers.
(B) GROUPS OF SCHOOLS.—The term ‘‘av-
erage daily membership’’, when used with re-
spect to a group of schools and a period of
time, means the average of the average daily
memberships during the period of the individual
schools that constitute the group.
(5) BOARD OF EDUCATION.—The term ‘‘Board
of Education’’ means the Board of Education of the
District of Columbia.
(6) BOARD OF TRUSTEES.—The term ‘‘Board
of Trustees’’ means the governing board of a public
charter school, the members of which board have
been selected pursuant to the charter granted to the
school and in a manner consistent with this title.
(7) CONTROL PERIOD.—The term ‘‘control pe-
riod’’ means a period of time described in section
209 of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995
(Public Law 104–8).
(8) CORE CURRICULUM.—The term ‘‘core cur-
riculum’’ means the concepts, factual knowledge,
and skills that students in the District of Columbia
should learn in kindergarten through 12th grade in
academic content areas, including, at a minimum,
English, mathematics, science, and history.
(9) DISTRICT
OF
COLUMBIA
COUNCIL.—The
term ‘‘District of Columbia Council’’ means the
Council of the District of Columbia established pur-
suant to section 401 of the District of Columbia
Self-Government and Governmental Reorganization
Act (D.C. Code, sec. 1–221).
(10) DISTRICT OF COLUMBIA GOVERNMENT.—
(A) IN GENERAL.—The term ‘‘District of
Columbia government’’ means the government
of the District of Columbia, including—
(i) any department, agency, or instru-
mentality of the government of the District
of Columbia;
(ii) any independent agency of the
District
of
Columbia
established
under
part F of title IV of the District of Colum-
bia
Self-Government
and
Governmental
Reorganization Act;
(iii) any other agency, board, or com-
mission established by the Mayor or the
District of Columbia Council;
(iv) the courts of the District of Co-
lumbia;
(v) the District of Columbia Council;
and
(vi) any other agency, public author-
ity, or public benefit corporation that has
the authority to receive monies directly or
indirectly from the District of Columbia
(other than monies received from the sale
of goods, the provision of services, or the
loaning of funds to the District of Colum-
bia).
(B) EXCEPTIONS.—The term ‘‘District of
Columbia government’’ does not include the fol-
lowing:
(i) The Authority.
(ii) A public charter school.
(11) DISTRICT OF COLUMBIA GOVERNMENT RE-
TIREMENT SYSTEM.—The term ‘‘District of Colum-
bia government retirement system’’ means the re-
tirement programs authorized by the District of Co-
lumbia Council or the Congress for employees of the
District of Columbia government.
(12)
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOL.—
(A) IN GENERAL.—The term ‘‘District of
Columbia public school’’ means a public school
in the District of Columbia that offers classes—
(i) at any of the grade levels from pre-
kindergarten through the 12th grade; or
(ii) leading to a general education di-
ploma.
(B) EXCEPTION.—The term does not in-
clude a public charter school.
(13)
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—The term ‘‘District of Columbia public
schools’’ means all schools that are District of Co-
lumbia public schools.
(14) DISTRICT-WIDE ASSESSMENTS.—The term
‘‘district-wide assessments’’ means reliable and unbi-
ased student assessments administered by the Su-
perintendent to students enrolled in District of Co-
lumbia public schools and public charter schools.
(15) ELIGIBLE APPLICANT.—The term ‘‘eligible
applicant’’ means a person, including a private, pub-
lic, or quasi-public entity and an institution of high-
er education (as defined in section 481 of the High-
er Education Act of 1965), who seeks to establish a
public charter school.
(16) ELIGIBLE CHARTERING AUTHORITY.—The
term ‘‘eligible chartering authority’’ means any of
the following:
(A) The Board of Education.
(B) Any of the following public or feder-
ally-chartered universities:
(i) Howard University.
(ii) Gallaudet University.
(iii) American University.
(iv) George Washington University.
(v) The University of the District of
Columbia.
(C) Any other entity designated by enact-
ment of a bill as an eligible chartering authority
by the District of Columbia Council after the
date of the enactment of this Act.
(17) FACILITIES MANAGEMENT.—The term ‘‘fa-
cilities management’’ means the administration, con-
struction, renovation, repair, maintenance, remodel-
ing, improvement, or other oversight, of a building
or real property of a District of Columbia public
school. The term does not include the performance
of any such act with respect to real property owned
by a public charter school.
(18) FAMILY
RESOURCE
CENTER.—The term
‘‘family
resource
center’’
means
an
information
desk—
(A) located at a school with a majority of
students whose family income is not greater
than 185 percent of the poverty guidelines up-
dated annually in the Federal Register by the
Department of Health and Human Services
under authority of section 673(2) of the Omni-
bus Budget Reconciliation Act of 1981; and
(B) which links students and families to
local resources and public and private entities
involved in child care, adult education, health
and social services, tutoring, mentoring, and job
training.
(19) LONG-TERM
REFORM
PLAN.—The term
‘‘long-term reform plan’’ means the plan submitted
by the Superintendent under section 2101.
(20) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.
(21) METROBUS AND METRORAIL TRANSIT SYS-
TEM.—The term ‘‘Metrobus and Metrorail Transit
System’’ means the bus and rail systems adminis-
tered by the Washington Metropolitan Area Transit
Authority.
(22) MINOR STUDENT.—The term ‘‘minor stu-
dent’’ means an individual who—
(A) is enrolled in a District of Columbia
public schools or a public charter school; and
(B) is not beyond the age of compulsory
school attendance, as prescribed in section 1 of
article I, and section 1 of article II, of the Act
of February 4, 1925 (sections 31–401 and 31–
402, D.C. Code).
(23)
NONRESIDENT
STUDENT.—The
term
‘‘nonresident student’’ means—
(A) an individual under the age of 18 who
is enrolled in a District of Columbia public
school or a public charter school, and does not
have a parent residing in the District of Colum-
bia; or
(B) an individual who is age 18 or older
and is enrolled in a District of Columbia public
school or public charter school, and does not re-
side in the District of Columbia.
(24) PANEL.—The term ‘‘Panel’’ means the
World Class Schools Panel established under subtitle
D.
(25) PARENT.—The term ‘‘parent’’ means a
person who has custody of a child enrolled in a Dis-
trict of Columbia public school or a public charter
school, and who—
(A) is a natural parent of the child;
(B) is a stepparent of the child;
(C) has adopted the child; or
(D) is appointed as a guardian for the
child by a court of competent jurisdiction.
(26) PETITION.—The term ‘‘petition’’ means a
written application, submitted by an eligible appli-
cant to an eligible chartering authority, to establish
a public charter school.
(27) PROMOTION GATE.—The term ‘‘promotion
gate’’ means the criteria, developed by the Super-
intendent and approved by the Board of Education,
that are used to determine student promotion at dif-
ferent
grade
levels.
Such
criteria
shall
include
achievement on district-wide assessments that, to the
greatest extent practicable, measure student achieve-
ment of the core curriculum.
(28) PUBLIC
CHARTER
SCHOOL.—The term
‘‘public charter school’’ means a publicly funded
school in the District of Columbia that is established
pursuant to subtitle B. A public charter school is not
a part of the District of Columbia public schools.
(29) SCHOOL.—The term ‘‘school’’ means—
(A) a public charter school; or
(B) any other day or residential school
that provides elementary or secondary edu-
cation, as determined under State or District of
Columbia law.
(30) STUDENT
WITH
SPECIAL
NEEDS.—The
term ‘‘student with special needs’’ has the meaning
given such term by the Mayor and the District of
Columbia Council under section 2301.
(31)
SUPERINTENDENT.—The
term
‘‘Super-
intendent’’ means the Superintendent of the District
of Columbia public schools.
(32) TEACHER.—The term ‘‘teacher’’ means
any person employed as a teacher by the Board of
Education or by a public charter school.
Subtitle A—District of Columbia
Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) IN GENERAL.—
(1) PLAN.—The Superintendent, with the ap-
proval of the Board of Education, shall submit to
the
appropriate
congressional
committees,
the
Mayor, the District of Columbia Council, and the
Authority a long-term reform plan, not later than
February 1, 1996. The plan shall be consistent with
the financial plan and budget for the District of Co-
lumbia for fiscal year 1996 required under section
201 of the District of Columbia Financial Respon-
sibility and Management Assistance Act of 1995
(Public Law 104–8).
(2) CONSULTATION.—
(A) IN GENERAL.—In developing the long-
term reform plan, the Superintendent—
(i) shall consult with the Board of
Education, Mayor, and District of Colum-
bia Council, and, in a control period, with
the Authority; and
(ii) shall afford the public, interested
organizations, and groups an opportunity
to
present
their
views
and
make
rec-
ommendations regarding the long-term re-
form plan.
(B) SUMMARY
OF
RECOMMENDATIONS.—
The Superintendent shall include in the long-
term plan a summary of the recommendations
made under subparagraph (A)(ii) and the re-
sponse of the Superintendent to these rec-
ommendations.
(b) CONTENTS.—
(1) AREAS TO BE ADDRESSED.—The long-term
plan shall describe how the District of Columbia
public schools will become a world-class education
system which prepares students for life-time learning
in the 21st century and which is on a par with the
best education systems of other nations. The plan
shall include a description of how the District of Co-
lumbia public schools will accomplish the following:
(A) Achievement at nationally- and inter-
nationally-competitive levels by students attend-
ing District of Columbia public schools.
(B) The creation of a performance-oriented
workforce.
(C) The construction and repair of District
of Columbia public school facilities.
(D) Local school governance, decentraliza-
tion, autonomy, and parental choice among Dis-
trict of Columbia public schools; and
(E) The implementation of an efficient and
effective adult literacy program.
(2) OTHER
INFORMATION.—For each of the
items in subparagraphs (A) through (G) of para-
graph (1), the long-term plan shall include—
(A) a statement of measurable, objective
performance goals;
(B) a description of the measures of per-
formance to be used in determining whether the
Superintendent and Board of Education have
met the goals;
(C) dates by which the goals must be met;
(D) plans for monitoring and reporting
progress to District of Columbia residents, the
appropriate
congressional
committees,
the
Mayor, the District of Columbia Council, and
the Authority; and
(E) the title of the management employee
of the District of Columbia public schools most
directly responsible for the achievement of each
goal and, with respect to each such employee,
the title of the employee’s immediate supervisor
or superior.
(c) AMENDMENTS.—The Superintendent, with the
approval of the Board of Education, shall submit any
amendment to the long-term plan to the appropriate con-
gressional committees. Any amendment to the long-term
plan shall be consistent with the financial plan and budget
for fiscal year 1996 for the District of Columbia required
under section 201 of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995
(Public Law 104–8).
Subtitle B—Public Charter Schools
SEC. 2151. PROCESS FOR FILING CHARTER PETITIONS.
(a) EXISTING PUBLIC SCHOOL.—An eligible appli-
cant seeking to convert an existing District of Columbia
public school into a public charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of sec-
tion 2152;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attend-
ing the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school;
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) has been signed by a majority of the
total number of—
(i) parents of minor students attend-
ing the school; and
(ii)
adult
students
attending
the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(b) INDEPENDENT OR PRIVATE SCHOOL.—An eligi-
ble applicant seeking to convert an existing independent
or private school in the District of Columbia into a public
charter school—
(1) shall prepare a petition to establish a public
charter school that meets the requirements of sec-
tion 2152;
(2) shall provide a copy of the petition to—
(A) the parents of minor students attend-
ing the existing school;
(B) adult students attending the existing
school; and
(C) employees of the existing school;
(3) shall file the petition with an eligible char-
tering authority for approval after the petition—
(A) has been signed by a majority of the
total number of—
(i) parents of minor students attend-
ing the school; and
(ii)
adult
students
attending
the
school; and
(B) has been endorsed by at least a major-
ity of full-time teachers at the school; and
(4) shall explain in the petition the relationship
that will exist between the public charter school and
its employees.
(c) NEW SCHOOL.—An eligible applicant seeking to
establish in the District of Columbia a public charter
school, but not seeking to convert an existing public, pri-
vate, or independent school into a public charter school,
shall file with an eligible chartering authority for approval
a petition to establish a public charter school that meets
the requirements of section 2152.
SEC. 2152. CONTENTS OF PETITION.
A petition to establish a public charter school shall
include the following:
(1) A statement defining the mission and goals
of the proposed school.
(2) A statement of the need for the proposed
school in the geographic area of the school site.
(3) A description of the proposed instructional
goals and methods for the school, which includes, at
a minimum—
(A) the methods that will be used to pro-
vide students with the knowledge, proficiency,
and skills needed—
(i) to become nationally and inter-
nationally competitive students and edu-
cated individuals in the 21st century; and
(ii) to perform competitively on any
districtwide assessments; and
(B) the methods that will be used to im-
prove
student
self-motivation,
classroom
in-
struction, and learning for all students.
(4) A description of the plan for evaluating stu-
dent academic achievement of the proposed school
and the procedures for remedial action that will be
used by the school when the academic achievement
of a student falls below the expectations of the
school.
(5) An operating budget for the first 2 years of
the proposed school that is based on anticipated en-
rollment and contains—
(A) a description of the method for con-
ducting annual audits of the financial, adminis-
trative, and programmatic operations of the
school;
(B) either—
(i) an identification of the site where
the school will be located, including a de-
scription of any buildings on the site and
any buildings proposed to be constructed
on the site; or
(ii) a timetable by which a such an
identification will be made;
(C) a description of any major contracts
planned, with a value equal to or exceeding
$10,000, for equipment and services, leases, im-
provements, purchases of real property, or in-
surance; and
(D) a timetable for commencing operations
as a public charter school.
(6) A description of the proposed rules and poli-
cies for governance and operation of the school.
(7) Copies of the proposed articles of incorpora-
tion and bylaws of the school.
(8) The names and addresses of the members
of the proposed Board of Trustees.
(9) A description of the student enrollment, ad-
mission, suspension, and expulsion policies and pro-
cedures of the proposed school, and the criteria for
making decisions in such areas.
(10) A description of the procedures the school
plans to follow to ensure the health and safety of
students, employees, and guests of the school and to
comply with applicable health and safety laws and
regulations of the Federal Government and the Dis-
trict of Columbia.
(11) An explanation of the qualifications that
will be required of employees of the proposed school.
(12) An identification, and a description, of the
individuals and entities submitting the application,
including their names and addresses, and the names
of the organizations or corporations of which such
individuals are directors or officers.
SEC. 2153. PROCESS FOR APPROVING OR DENYING CHAR-
TER PETITIONS.
(a) SCHEDULE.—An eligible chartering authority
may establish a schedule for receiving petitions to estab-
lish a public charter school and shall publish any such
schedule in the District of Columbia Register. An eligible
chartering authority shall make a copy of any such sched-
ule available to all interested persons upon request.
(b) PUBLIC HEARING.—Not later than 45 days after
a petition to establish a public charter school is filed with
an eligible chartering authority, the authority shall hold
a public hearing on the petition to gather the information
that is necessary for the authority to make the decision
to approve or deny the petition.
(c) NOTICE.—Not later than 10 days prior to the
scheduled date of a public hearing on a petition to estab-
lish a public charter school, an eligible chartering author-
ity—
(1) shall publish a notice of the hearing in the
District of Columbia Register; and
(2) shall send a written notification of the hear-
ing date to the eligible applicant who filed the peti-
tion.
(d) APPROVAL OR DENIAL.—Subject to subsection
(i), an eligible chartering authority shall approve a petition
to establish a public charter school, if—
(1) the authority determines that the petition
satisfies the requirements of this subtitle; and
(2) the eligible applicant who filed the petition
agrees to satisfy any condition or requirement, con-
sistent with this title and other applicable law, that
is set forth in writing by the eligible chartering au-
thority as an amendment to the petition.
(e) TIMETABLE.—An eligible chartering authority
shall approve or deny a petition to establish a public char-
ter school not later than 45 days after the conclusion of
the public hearing on the petition.
(f) EXTENSION.—An eligible chartering authority
and an eligible applicant may agree to extend the 45-day
time period referred to in subsection (e) by a period that
does not exceed 30 days.
(g) EXPLANATION.—If an eligible chartering author-
ity denies a petition or finds it to be incomplete, the au-
thority shall specify in writing the reasons for its decision
and indicate, when appropriate, how the eligible applicant
who filed the petition may revise the petition to satisfy
the requirements for approval.
(h) APPROVED PETITION.—
(1) NOTICE.—Not later than 10 days after an
eligible chartering authority approves a petition to
establish a public charter school, the authority shall
provide a written notice of the approval, including a
copy of the approved petition and any conditions or
requirements agreed to under subsection (d)(2), to
the eligible applicant and to the Chief Financial Of-
ficer of the District of Columbia. The eligible char-
tering authority shall publish a notice of the ap-
proval of the petition in the District of Columbia
Register.
(2) CHARTER.—The provisions of a petition to
establish a public charter school that has been ap-
proved by an eligible chartering authority, together
with any amendments to the petition containing con-
ditions or requirements agreed to by the eligible ap-
plicant under subsection (d)(2), shall be considered
a charter granted to the school by the authority.
(i) SPECIAL RULES FOR FIRST YEAR.—During the
one-year period beginning on the date of the enactment
of this Act, each eligible chartering authority—
(1) may approve not more than one petition
filed by an eligible applicant seeking to convert an
existing independent or private school into a public
charter school; and
(2) in considering a petition to establish a pub-
lic charter school filed by any eligible applicant, shall
consider whether the school will focus on students
with special needs.
(j) EXCLUSIVE AUTHORITY
OF CHARTERING AU-
THORITY.—Notwithstanding any other Federal law or law
of the District of Columbia, no governmental entity, elect-
ed official, or employee of the District of Columbia may
make, participate in making, or intervene in the making
of, the decision to approve or deny a petition to establish
a public charter school, except the eligible chartering au-
thority with which the petition was filed.
SEC. 2154. DUTIES AND POWERS OF, AND OTHER REQUIRE-
MENTS ON, PUBLIC CHARTER SCHOOLS.
(a) DUTIES.—A public charter school shall comply
with—
(1) this subtitle;
(2) any other provision of law applicable to the
school; and
(3) all of the terms and provisions of its char-
ter.
(b) POWERS.—A public charter school shall have all
of the powers necessary for carrying out its charter, in-
cluding the following powers:
(1) To adopt a name and corporate seal, but
only if the name selected includes the words ‘‘public
charter school’’.
(2) To acquire real property for use as its
school facilities, from public or private sources.
(3) To receive and disburse funds for school
purposes.
(4) Subject to subsection (c)(1), to secure ap-
propriate insurance and to make contracts and
leases, including agreements to procure or purchase
services, equipment, and supplies.
(5) To incur debt in reasonable anticipation of
the receipt of funds from the general fund of the
District of Columbia or the receipt of other Federal
or private funds.
(6) To solicit and accept any grants or gifts for
school purposes, if the school—
(A) does not accept any grants or gifts
subject to any condition contrary to law or con-
trary to the terms of the petition to establish
the school as a public charter school; and
(B) maintains separate accounts for grants
or gifts for financial reporting purposes.
(7) To be responsible for its own operation, in-
cluding preparation of a budget and personnel mat-
ters.
(8) To sue and be sued in its own name.
(c) PROHIBITIONS AND OTHER REQUIREMENTS.—
(1) CONTRACTING AUTHORITY.—
(A)
NOTICE
REQUIREMENT.—Except
in
the case of an emergency, with respect to any
contract proposed to be awarded by a public
charter school and having a value equal to or
exceeding $10,000, the school shall publish a
notice of a request for proposals in the District
of Columbia Register not less than 30 days
prior to the award of the contract.
(B) SUBMISSION TO AUTHORITY.—
(i)
DEADLINE
FOR
SUBMISSION.—
With respect to any contract described in
subparagraph (A) that is awarded by a
public charter school, the school shall sub-
mit to the Authority, not later than 3 days
after the date on which the award is made,
all bids for the contract received by the
school, the name of the contractor who is
awarded the contract, and the rationale for
the award of the contract.
(ii)
EFFECTIVE
DATE
OF
CON-
TRACT.—
(I)
IN
GENERAL.—Subject
to
subclause (II), a contract described in
subparagraph (A) shall become effec-
tive on the date that is 15 days after
the date the school makes the submis-
sion under clause (i) with respect to
the contract, or the effective date
specified in the contract, whichever is
later.
(II) EXCEPTION.—A contract de-
scribed in subparagraph (A) shall be
considered null and void if the Au-
thority determines, within 12 days of
the date the school makes the submis-
sion under clause (i) with respect to
the contract, that the contract endan-
gers the economic viability of the pub-
lic charter school.
(2) TUITION.—A public charter school may not
charge tuition, fees, or other mandatory payments,
except to nonresident students.
(3) CONTROL.—A public charter school—
(A) shall exercise exclusive control over its
expenditures, administration, personnel, and in-
structional methods, within the limitations im-
posed in this title; and
(B) shall be exempt from statutes, policies,
rules, and regulations governing District of Co-
lumbia public schools established by the Super-
intendent, Board of Education, Mayor, District
of Columbia Council, or Authority, except as
otherwise provided in this title or in the charter
granted to the school.
(4) AUDITS.—A public charter school shall be
subject to the same financial audits, audit proce-
dures, and fiduciary requirements as a District of
Columbia public school.
(5)
GOVERNANCE.—A
public
charter
school
shall be governed by a Board of Trustees in a man-
ner consistent with the charter granted to the
school, the provisions of this title, and any other law
applicable to the school.
(6) OTHER STAFF.—No employee of the Dis-
trict of Columbia public schools may be required to
accept employment with, or be assigned to, a public
charter school.
(7) OTHER STUDENTS.—No student enrolled in
a District of Columbia public school may be required
to attend a public charter school.
(8) TAXES OR BONDS.—A public charter school
shall not levy taxes or issue bonds.
(9)
CHARTER
REVISION.—A
public
charter
school seeking to revise its charter shall prepare a
petition for approval of the revision and file it with
the eligible chartering authority that granted the
charter. The provisions of section 2153 shall apply
to such a petition in the same manner as such provi-
sions apply to a petition to establish a public charter
school.
(10) ANNUAL REPORT.—
(A) IN GENERAL.—A public charter school
shall submit an annual report to the eligible
chartering authority that approved its charter
and to the Authority. The school shall permit a
member of the public to review any such report
upon request.
(B)
CONTENTS.—A
report
submitted
under subparagraph (A) shall include the fol-
lowing data:
(i) Student performance on any dis-
trict-wide assessments.
(ii) Grade advancement for students
enrolled in the public charter school.
(iii) Graduation rates, college admis-
sion test scores, and college admission
rates, if applicable.
(iv) Types and amounts of parental
involvement.
(v) Official student enrollment.
(vi) Average daily attendance.
(vii) Average daily membership.
(viii) A financial statement audited by
an independent certified public accountant.
(ix) A list of all donors and grantors
that have contributed monetary or in-kind
donations having a value equal or exceed-
ing $500 during the year that is the sub-
ject of the report.
(C)
NONIDENTIFYING
DATA.—Data
de-
scribed in subparagraph (B) that are included
in an annual report may not identify the indi-
viduals to whom the data pertain.
(11) STUDENT ENROLLMENT REPORT.—A pub-
lic charter school shall report to the Mayor and the
District of Columbia Council annual student enroll-
ment on a grade-by-grade basis, including students
with special needs, in a manner and form that per-
mits the Mayor and the District of Columbia Council
to comply with subtitle E.
(12) CENSUS.—A public charter school shall
provide to the Board of Education student enroll-
ment data necessary for the Board to comply with
section 3 of article II of the Act of February 4,
1925 (D.C. Code, sec. 31–404) (relating to census
of minors).
(13)
COMPLAINT
RESOLUTION
PROCESS.—A
public charter school shall establish an informal
complaint resolution process.
(14) PROGRAM OF EDUCATION.—A public char-
ter school shall provide a program of education
which shall include one or more of the following:
(A) Pre-school.
(B) Pre-kindergarten.
(C) Any grade or grades from kindergarten
through 12th grade.
(D) Adult community, continuing, and vo-
cational education programs.
(15) NONSECTARIAN NATURE OF SCHOOLS.—A
public charter school shall be nonsectarian.
(16) NONPROFIT STATUS OF SCHOOL.—A pub-
lic charter school shall be organized under the Dis-
trict of Columbia Nonprofit Corporation Act (D.C.
Code, sec. 29–501 et seq.).
(17) IMMUNITY FROM CIVIL LIABILITY.—
(A) IN GENERAL.—A public charter school,
and its incorporators, Board of Trustees, offi-
cers, employees, and volunteers, shall be im-
mune from civil liability, both personally and
professionally, for any act or omission within
the scope of their official duties unless the act
or omission—
(i) constitutes gross negligence;
(ii) constitutes an intentional tort; or
(iii) is criminal in nature.
(B)
COMMON
LAW
IMMUNITY
PRE-
SERVED.—Subparagraph (A) shall not be con-
strued to abrogate any immunity under com-
mon law of a person described in such subpara-
graph.
SEC. 2155. BOARD OF TRUSTEES OF A PUBLIC CHARTER
SCHOOL.
(a) BOARD OF TRUSTEES.—The members of a Board
of Trustees of a public charter school shall be elected or
selected pursuant to the charter granted to the school.
Such a board shall have an odd number of members that
does not exceed 7, of which—
(1) a majority shall be residents of the District
of Columbia; and
(2) at least 2 shall be a parent of a student at-
tending the school.
(b) ELIGIBILITY.—An individual is eligible for elec-
tion or selection to the Board of Trustees of a public char-
ter school if the person—
(1) is a teacher or staff member who is em-
ployed at the school;
(2) is a parent of a student attending the
school; or
(3) meets the selection or election criteria set
forth in the charter granted to the school.
(c) ELECTION OR SELECTION OF PARENTS.—In the
case of the first Board of Trustees of a public charter
school to be elected or selected after the date on which
the school is granted a charter, the election or selection
of the members under subsection (a)(2) shall occur on the
earliest practicable date after classes at the school have
commenced. Until such date, any other members who have
been elected or selected shall serve as an interim Board
of Trustees. Such an interim board may exercise all of
the powers, and shall be subject to all of the duties, of
a Board of Trustees.
(d) FIDUCIARIES.—The Board of Trustees of a public
charter school shall be fiduciaries of the school and shall
set overall policy for the school. The Board of Trustees
may make final decisions on matters related to the oper-
ation of the school, consistent with the charter granted
to the school, this title, and other applicable law.
SEC. 2156. STUDENT ADMISSION, ENROLLMENT, AND WITH-
DRAWAL.
(a) OPEN ENROLLMENT.—Enrollment in a public
charter school shall be open to all students who are resi-
dents of the District of Columbia and, if space is available,
to nonresident students who meet the tuition requirement
in subsection (e).
(b) CRITERIA
FOR ADMISSION.—A public charter
school may not limit enrollment on the basis of a student’s
intellectual or athletic ability, measures of achievement or
aptitude, or a student’s disability. A public charter school
may limit enrollment to specific grade levels or areas of
focus of the school, such as mathematics, science, or the
arts, where such a limitation is consistent with the charter
granted to the school.
(c) RANDOM SELECTION.—If there are more applica-
tions to enroll in a public charter school from students
who are residents of the District of Columbia than there
100
are spaces available, students shall be admitted using a
random selection process.
(d) ADMISSION TO AN EXISTING SCHOOL.—During
the 5-year period beginning on the date that a petition,
filed by an eligible applicant seeking to convert an existing
public, private, or independent school into a public charter
school, is approved, the school shall give priority in enroll-
ment to—
(1) students enrolled in the school at the time
that the petition is granted;
(2) the siblings of students described in para-
graph (1); and
(3) in the case of the conversion of an existing
public school, students who reside within the attend-
ance boundaries, if any, in which the school is lo-
cated.
(e)
NONRESIDENT
STUDENTS.—Nonresident
stu-
dents shall pay tuition to a public charter school at the
current rate established for District of Columbia public
schools administered by the Board of Education for the
type of program in which the student has enrolled.
(f) STUDENT WITHDRAWAL.—A student may with-
draw from a public charter school at any time and, if oth-
erwise eligible, enroll in a District of Columbia public
school administered by the Board of Education.
101
(g) EXPULSION AND SUSPENSION.—The principal of
a public charter school may expel or suspend a student
from the school based on criteria set forth in the charter
granted to the school.
SEC. 2157. EMPLOYEES.
(a)
EXTENDED
LEAVE
OF
ABSENCE
WITHOUT
PAY.—
(1) LEAVE OF ABSENCE FROM DISTRICT OF CO-
LUMBIA
PUBLIC
SCHOOLS.—The
Superintendent
shall grant, upon request, an extended leave of ab-
sence, without pay, to an employee of the District of
Columbia public schools for the purpose of permit-
ting the employee to accept a position at a public
charter school for a 2-year term.
(2) REQUEST FOR EXTENSION.—At the end of
a 2-year term referred to in paragraph (1), an em-
ployee granted an extended leave of absence without
pay under the paragraph may submit a request to
the Superintendent for an extension of the leave of
absence for an additional 2-year term. The Super-
intendent may not unreasonably withhold approval
of the request.
(3) RIGHTS UPON TERMINATION OF LEAVE.—
An employee granted an extended leave of absence
without pay for the purpose described in paragraph
102
(1) shall have the same rights and benefits under
law upon termination of such leave of absence as an
employee of the District of Columbia public schools
who is granted an extended leave of absence without
pay for any other purpose.
(b) RETIREMENT SYSTEM.—
(1) CREDITABLE SERVICE.—An employee of a
public charter school who has received a leave of ab-
sence under subsection (a) shall receive creditable
service, as defined in section 2604 of D.C. Law 2–
139, effective March 3, 1979, (D.C. Code, sec. 1–
627.4) and the rules established under such section,
for the period of the employee’s employment at the
public charter school.
(2) AUTHORITY TO ESTABLISH SEPARATE SYS-
TEM.—A public charter school may establish a re-
tirement system for employees under its authority.
(3) ELECTION
OF
RETIREMENT
SYSTEM.—A
former employee of the District of Columbia public
schools who become an employee of a public charter
school within 60 after the date the employee’s em-
ployment
with
the
District
of
Columbia
public
schools is terminated may, at the time the employee
commences
employment
with
the
public
charter
school, elect—
103
(A) to remain in a District of Columbia
government retirement system and continue to
receive creditable service for the period of their
employment at a public charter school; or
(B) to transfer into a retirement system
established by the public charter school pursu-
ant to paragraph (2) .
(4) PROHIBITED EMPLOYMENT CONDITIONS.—
No public charter school may require a former em-
ployee of the District of Columbia public schools to
transfer to the public charter school’s retirement
system as a condition of employment.
(5) CONTRIBUTIONS.—
(A) EMPLOYEES ELECTING NOT TO TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to remain in a District of Columbia government
retirement
system
pursuant
to
paragraph
(3)(A), the public charter school that employs
the person shall make the same contribution to
such system on behalf of the person as the Dis-
trict of Columbia would have been required to
make if the person had continued to be an em-
ployee
of
the
District
of
Columbia
public
schools.
104
(B)
EMPLOYEES
ELECTING
TO
TRANS-
FER.—In the case of a former employee of the
District of Columbia public schools who elects
to transfer into a retirement system of a public
charter school pursuant to paragraph (3)(B),
the applicable District of Columbia government
retirement system from which the former em-
ployee is transferring shall compute the employ-
ee’s contribution to that system and transfer
this amount, to the retirement system by the
public charter school.
(c) EMPLOYMENT STATUS.—Notwithstanding any
other provision of law, an employee of a public charter
school shall not be considered to be an employee of the
District of Columbia government for any purpose.
SEC.
2158.
REDUCED
FARES
FOR
PUBLIC
TRANSPOR-
TATION.
A student attending a public charter school shall be
eligible for reduced fares on the Metrobus and Metrorail
Transit System on the same terms and conditions as are
applicable under section 2 of D.C. Law 2–152, effective
March 9, 1979, (D.C. Code, sec. 44–216 et seq.) to a stu-
dent attending a District of Columbia public school.
105
SEC. 2159. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERV-
ICES TO PUBLIC CHARTER SCHOOLS.
The Superintendent may provide services such as fa-
cilities maintenance to public charter schools. All com-
pensation for costs of such services shall be subject to ne-
gotiation and mutual agreement between a public charter
school and the Superintendent.
SEC. 2160. APPLICATION OF LAW.
(a)
ELEMENTARY
AND
SECONDARY
EDUCATION
ACT.—
(1)
TREATMENT
AS
LOCAL
EDUCATIONAL
AGENCY.—For any fiscal year, a public charter
school shall be considered to be a local educational
agency for purposes of part A of title I of the Ele-
mentary and Secondary Education Act of 1965, and
shall be eligible for assistance under such part, if the
percentage of pupils enrolled in the public charter
school during the preceding fiscal year who were eli-
gible for, and received, free or reduced price school
lunches under the National School Lunch Act is
equal to or greater than the lowest such percentage
for any District of Columbia public school that was
selected to provide services under section 1113 of
such Act for such preceding year.
(2)
ALLOCATION
FOR
FISCAL
YEARS
1996
THROUGH 1998.—
106
(A) PUBLIC CHARTER SCHOOLS.—For fis-
cal years 1996 through 1998, each public char-
ter school that is eligible to receive assistance
under part A of title I of the Elementary and
Secondary Education Act of 1965 shall receive
a portion of the District of Columbia’s total al-
location under such part which bears the same
ratio to such total allocation as the number de-
scribed in subparagraph (C) bears to the num-
ber described in subparagraph (D).
(B)
DISTRICT
OF
COLUMBIA
PUBLIC
SCHOOLS.—For
fiscal
years
1996
through
1998, the District of Columbia public schools
shall receive a portion of the District of Colum-
bia’s total allocation under part A of title I of
the Elementary and Secondary Education Act
of 1965 which bears the same ratio to such
total allocation as the total of the numbers de-
scribed in clauses (ii) and (iii) of paragraph
(2)(D) bears to the aggregate total described in
paragraph (2)(D).
(C) NUMBER
OF
ELIGIBLE
PUPILS
EN-
ROLLED IN THE PUBLIC CHARTER SCHOOL.—
The number described in this subparagraph is
the number of pupils enrolled in the public
107
charter school during the preceding fiscal year
who were eligible for, and received, free or re-
duced price school lunches under the National
School Lunch Act.
(D) AGGREGATE
NUMBER
OF
ELIGIBLE
PUPILS.—The number described in this sub-
paragraph is the aggregate total of the follow-
ing numbers:
(i) The number of pupils enrolled dur-
ing the preceding fiscal year in all eligible
public charter schools who were eligible
for, and received, free or reduced price
school lunches under the National School
Lunch Act.
(ii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a District of
Columbia
public
school
selected
to
provide services under section 1113 of
the Elementary and Secondary Edu-
cation Act of 1965; and
(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act.
108
(iii) The number of pupils who, during
the preceding fiscal year—
(I) were enrolled in a private or
independent school;
(II) were eligible for, and re-
ceived, free or reduced price school
lunches under the National School
Lunch Act; and
(III) resided in an attendance
area of a District of Columbia public
school
selected
to
provide
services
under section 1113 of the Elementary
and
Secondary
Education
Act
of
1965.
(3) ALLOCATION FOR FISCAL YEAR 1999 AND
THEREAFTER.—
(A) CALCULATION BY SECRETARY.—Not-
withstanding sections 1124(a)(2), 1124(c)(2),
1124A(a)(4), 1125(c)(2), and 1125(d) of the
Elementary and Secondary Education Act of
1965, for fiscal year 1999 and fiscal years
thereafter, the total allocation under part A of
title I of such Act for all local educational agen-
cies in the District of Columbia, including pub-
lic charter schools that are eligible to receive as-
109
sistance under such part, shall be calculated by
the Secretary of Education. In making such cal-
culation, such Secretary shall treat all such
local educational agencies as if they were a sin-
gle local educational agency for the District of
Columbia.
(B) ALLOCATION.—
(i) PUBLIC CHARTER SCHOOLS.—For
fiscal year 1999 and fiscal years there-
after, each public charter school that is eli-
gible to receive assistance under part A of
title I of the Elementary and Secondary
Education Act of 1965 shall receive a por-
tion of the total allocation calculated under
subparagraph (A) which bears the same
ratio to such total allocation as the number
described in paragraph (2)(C) bears to the
number described in paragraph (2)(D).
(ii) DISTRICT OF COLUMBIA PUBLIC
SCHOOLS.—For fiscal year 1999 and fiscal
years thereafter, the District of Columbia
public schools shall receive a portion of the
total allocation calculated under subpara-
graph (A) which bears the same ratio to
such total allocation as the total of the
110
numbers described in clauses (ii) and (iii)
of paragraph (2)(D) bears to the aggregate
total described in paragraph (2)(D).
(4) USE OF ESEA FUNDS.—The Board of Edu-
cation may not direct a public charter school in the
charter school’s use of funds under part A of title
I of the Elementary and Secondary Education Act
of 1965.
(5) INAPPLICABILITY OF CERTAIN ESEA PROVI-
SIONS.—The following provisions of the Elementary
and Secondary Education Act of 1965 shall not
apply to a public charter school:
(A) Paragraphs (5), (8), and (9) of section
1112(b).
(B) Subsection 1112(c).
(C) Section 1113.
(D) Section 1115A.
(E) Subsections (a), (b), and (c) of section
1116.
(F) Subsections (a), (c), (d), (e), (f), and
(g) of section 1118.
(G) Section 1120.
(H) Subsections (a) and (c) of section
1120A.
(I) Section 1120B.
111
(J) Section 1126.
(b) PROPERTY AND SALES TAXES.—A public charter
school shall be exempt from District of Columbia property
and sales taxes.
SEC. 2161. POWERS AND DUTIES OF ELIGIBLE CHARTERING
AUTHORITIES.
(a) OVERSIGHT.—
(1) IN GENERAL.—An eligible chartering au-
thority—
(A) shall monitor the operations of each
public charter school to which the authority has
granted a charter;
(B) shall ensure that each such school
complies with applicable laws and the provisions
of the charter granted to the school; and
(C) shall monitor the progress of each such
school in meeting student academic achievement
expectations specified in the charter granted to
the school.
(2) PRODUCTION OF BOOKS AND RECORDS.—
An eligible chartering authority may require a public
charter school to which the authority has granted a
charter to produce any book, record, paper, or docu-
ment, if the authority determines that such produc-
112
tion is necessary for the authority to carry out its
functions under this title.
(b) FEES.—
(1) APPLICATION FEE.—An eligible chartering
authority may charge an eligible applicant a fee, not
to exceed $150, for processing a petition to establish
a public charter school.
(2) ADMINISTRATION FEE.—In the case of an
eligible chartering authority that has granted a char-
ter to an public charter school, the authority may
charge the school a fee, not to exceed one-half of one
percent of the annual budget of the school, to cover
the cost of undertaking the ongoing administrative
responsibilities of the authority with respect to the
school that are described in this subtitle. The school
shall pay the fee to the eligible chartering authority
not later than November 15 of each year.
(c) IMMUNITY FROM CIVIL LIABILITY.—
(1) IN GENERAL.—An eligible chartering au-
thority, a governing board of such an authority, and
the directors, officers, employees, and volunteers of
such an authority, shall be immune from civil liabil-
ity, both personally and professionally, for any act or
omission within the scope of their official duties un-
less the act or omission—
249
trict of Columbia for such fiscal year that is in the total
amount of the approved appropriation and that realigns
budgeted data for personal services and other than personal
services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of
this section shall be submitted in the format of the budget
that the Board of Education and the University of the Dis-
trict of Columbia submit to the Mayor of the District of
Columbia for inclusion in the Mayor’s budget submission
to the Council of the District of Columbia pursuant to sec-
tion 442 of the District of Columbia Self-Government and
Governmental Reorganization Act, Public Law 93–198, as
amended (D.C. Code, sec. 47–301).
BUDGET APPROVAL
SEC. 143. The Board of Education, the Board of Trust-
ees of the University of the District of Columbia, the Board
of Library Trustees, and the Board of Governors of the D.C.
School of Law shall vote on and approve their respective
annual or revised budgets before submission to the Mayor
of the District of Columbia for inclusion in the Mayor’s
budget submission to the Council of the District of Columbia
in accordance with section 442 of the District of Columbia
Self-Government and Governmental Reorganization Act,
Public Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to the
Council.