142
HR 3019 EAS
members of their delegations, appropriate representatives
and staff to exchange views concerning developments relat-
ing to securities matters, development and implementation
of cooperation agreements concerning securities matters and
provision of technical assistance for the development of for-
eign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental
expenses as meals taken in the course of such attendance,
(ii) any travel and transportation to or from such meetings,
and (iii) any other related lodging or subsistence: Provided,
That immediately upon enactment of this Act, the rate of
fees under section 6(b) of the Securities Act of 1933 (15
U.S.C. 77f(b)) shall increase from one-fiftieth of one
percentum to one-twenty-ninth of one percentum, and such
increase shall be deposited as an offsetting collection to this
appropriation, to remain available until expended, to re-
cover costs of services of the securities registration process:
Provided further, That the total amount appropriated for
fiscal year 1996 under this heading shall be reduced as such
fees are deposited to this appropriation so as to result in
a final total fiscal year 1996 appropriation from the Gen-
eral Fund estimated at not more than $103,445,000: Pro-
vided further, That any such fees collected in excess of
143
HR 3019 EAS
$184,293,000 shall remain available until expended but
shall not be available for obligation until October 1, 1996:
Provided further, That $1,000,000 of the funds appro-
priated for the Commission shall be available for the en-
forcement of the Investment Advisers Act of 1940 in addi-
tion to any other appropriated funds designated by the
Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of
the Small Business Administration as authorized by Public
Law 103–403, including hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344, and not to ex-
ceed $3,500 for official reception and representation ex-
penses, $219,190,000: Provided, That the Administrator is
authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and cer-
tain loan servicing activities: Provided further, That not-
withstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be avail-
able for carrying out these purposes without further appro-
priations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
144
HR 3019 EAS
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $4,500,000, and for the
cost of guaranteed loans, $156,226,000, as authorized by 15
U.S.C. 631 note, of which $1,216,000, to be available until
expended, shall be for the Microloan Guarantee Program,
and of which $40,510,000 shall remain available until Sep-
tember 30, 1997: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That during fiscal year 1996, commitments to guaran-
tee loans under section 503 of the Small Business Invest-
ment Act of 1958, as amended, shall not exceed the amount
of financings authorized under section 20(n)(2)(B) of the
Small Business Act, as amended.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $92,622,000,
which may be transferred to and merged with the appro-
priations for Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $34,432,000, to re-
main available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
145
HR 3019 EAS
fined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out
the direct loan program, $71,578,000, which may be trans-
ferred to and merged with the appropriations for Salaries
and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business In-
vestment Act, as amended, $2,530,000, to remain available
without fiscal year limitation as authorized by 15 U.S.C.
631 note.
ADMINISTRATIVE PROVISION—SMALL BUSINESS
ADMINISTRATION
SEC. 510. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred be-
tween such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
146
HR 3019 EAS
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by The State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),
$5,000,000 to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. 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. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
147
HR 3019 EAS
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605 (a) None of the funds provided under this
Act, or provided under previous Appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1996, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 1996, or provided from any ac-
counts in the Treasury of the United States derived by the
148
HR 3019 EAS
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less,
that (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
SEC. 606. None of the funds made available in this
Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization
of vessels for the National Oceanic and Atmospheric Admin-
istration in shipyards located outside of the United States.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts 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 entity
149
HR 3019 EAS
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 610. None of the funds made available by this
Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority
to obligate or expend such funds (1) that the United Nations
undertaking is a peacekeeping mission, (2) that such under-
taking will involve United States Armed Forces under the
command or operational control of a foreign national, and
(3) that the President’s military advisors have not submit-
ted to the President a recommendation that such involve-
ment is in the national security interests of the United
States and the President has not submitted to the Congress
such a recommendation.
150
HR 3019 EAS
SEC. 611. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 612. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion under the heading ‘‘Fleet Modernization, Shipbuilding
and Conversion’’ may be used to implement sections 603,
604, and 605 of Public Law 102–567.
SEC. 613. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any other
program of United States Government television broadcasts
151
HR 3019 EAS
to Cuba, when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that such
use would be inconsistent with the applicable provisions of
the March 1995 Office of Cuba Broadcasting Reinventing
Plan of the United States Information Agency.
SEC. 614. (a)(1) Section 5002 of title 18, United States
Code, is repealed.
(2) The table of sections for chapter 401 of title 18,
United States Code, is amended by striking out the item
relating to the Advisory Corrections Council.
(b) This section shall take effect 30 days after the date
of the enactment of this Act.
SEC. 615. Any costs incurred by a Department or
agency funded under this Act resulting from personnel ac-
tions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary re-
sources available to such Department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this provision
is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
152
HR 3019 EAS
SEC. 616. Section 201(a) of Public Law 104–99 is re-
pealed.
TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $65,000,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this head-
ing, $95,500,000 are rescinded.
RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this head-
ing, $7,400,000 are rescinded.
TITLE VIII—PRISON LITIGATION REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Re-
form Act of 1995’’.
153
HR 3019 EAS
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re-
lief in any civil action with respect to prison condi-
tions shall extend no further than necessary to correct
the violation of the Federal right of a particular
plaintiff or plaintiffs. The court shall not grant or
approve any prospective relief unless the court finds
that such relief is narrowly drawn, extends no further
than necessary to correct the violation of the Federal
right, and is the least intrusive means necessary to
correct the violation of the Federal right. The court
shall give substantial weight to any adverse impact
on public safety or the operation of a criminal justice
system caused by the relief.
‘‘(B) The court shall not order any prospective
relief that requires or permits a government official to
exceed his or her authority under State or local law
or otherwise violates State or local law, unless—
‘‘(i) Federal law permits such relief to be
ordered in violation of State or local law;
154
HR 3019 EAS
‘‘(ii) the relief is necessary to correct the
violation of a Federal right; and
‘‘(iii) no other relief will correct the viola-
tion of the Federal right.
‘‘(C) Nothing in this section shall be construed to
authorize the courts, in exercising their remedial pow-
ers, to order the construction of prisons or the raising
of taxes, or to repeal or detract from otherwise appli-
cable limitations on the remedial powers of the courts.
‘‘(2) PRELIMINARY INJUNCTIVE RELIEF.—In any
civil action with respect to prison conditions, to the
extent otherwise authorized by law, the court may
enter a temporary restraining order or an order for
preliminary injunctive relief. Preliminary injunctive
relief must be narrowly drawn, extend no further
than necessary to correct the harm the court finds re-
quires preliminary relief, and be the least intrusive
means necessary to correct that harm. The court shall
give substantial weight to any adverse impact on
public safety or the operation of a criminal justice
system caused by the preliminary relief and shall re-
spect the principles of comity set out in paragraph
(1)(B) in tailoring any preliminary relief. Prelimi-
nary injunctive relief shall automatically expire on
the date that is 90 days after its entry, unless the
155
HR 3019 EAS
court makes the findings required under subsection
(a)(1) for the entry of prospective relief and makes the
order final before the expiration of the 90-day period.
‘‘(3) PRISONER RELEASE ORDER.—(A) In any
civil action with respect to prison conditions, no pris-
oner release order shall be entered unless—
‘‘(i) a court has previously entered an order
for less intrusive relief that has failed to remedy
the deprivation of the Federal right sought to be
remedied through the prisoner release order; and
‘‘(ii) the defendant has had a reasonable
amount of time to comply with the previous
court orders.
‘‘(B) In any civil action in Federal court with
respect to prison conditions, a prisoner release order
shall be entered only by a three-judge court in accord-
ance with section 2284 of title 28, if the requirements
of subparagraph (E) have been met.
‘‘(C) A party seeking a prisoner release order in
Federal court shall file with any request for such re-
lief, a request for a three-judge court and materials
sufficient to demonstrate that the requirements of sub-
paragraph (A) have been met.
‘‘(D) If the requirements under subparagraph
(A) have been met, a Federal judge before whom a
156
HR 3019 EAS
civil action with respect to prison conditions is pend-
ing who believes that a prison release order should be
considered may sua sponte request the convening of a
three-judge court to determine whether a prisoner re-
lease order should be entered.
‘‘(E) The three-judge court shall enter a prisoner
release order only if the court finds by clear and con-
vincing evidence that—
‘‘(i) crowding is the primary cause of the
violation of a Federal right; and
‘‘(ii) no other relief will remedy the viola-
tion of the Federal right.
‘‘(F) Any State or local official or unit of gov-
ernment whose jurisdiction or function includes the
appropriation of funds for the construction, oper-
ation, or maintenance of program facilities, or the
prosecution or custody of persons who may be released
from, or not admitted to, a prison as a result of a
prisoner release order shall have standing to oppose
the imposition or continuation in effect of such relief
and to seek termination of such relief, and shall have
the right to intervene in any proceeding relating to
such relief.
‘‘(b) TERMINATION OF RELIEF.—
157
HR 3019 EAS
‘‘(1) TERMINATION OF PROSPECTIVE RELIEF.—
(A) In any civil action with respect to prison condi-
tions in which prospective relief is ordered, such relief
shall be terminable upon the motion of any party or
intervener—
‘‘(i) 2 years after the date the court granted
or approved the prospective relief;
‘‘(ii) 1 year after the date the court has en-
tered an order denying termination of prospec-
tive relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Litiga-
tion Reform Act, 2 years after such date of en-
actment.
‘‘(B) Nothing in this section shall prevent the
parties from agreeing to terminate or modify relief
before the relief is terminated under subparagraph
(A).
‘‘(2) IMMEDIATE TERMINATION OF PROSPECTIVE
RELIEF.—In any civil action with respect to prison
conditions, a defendant or intervener shall be entitled
to the immediate termination of any prospective relief
if the relief was approved or granted in the absence
of a finding by the court that the relief is narrowly
drawn, extends no further than necessary to correct
158
HR 3019 EAS
the violation of the Federal right, and is the least in-
trusive means necessary to correct the violation of the
Federal right.
‘‘(3) LIMITATION.—Prospective relief shall not
terminate if the court makes written findings based
on the record that prospective relief remains necessary
to correct a current or ongoing violation of the Fed-
eral right, extends no further than necessary to correct
the violation of the Federal right, and that the pro-
spective relief is narrowly drawn and the least intru-
sive means to correct the violation.
‘‘(4) TERMINATION
OR
MODIFICATION
OF
RE-
LIEF.—Nothing in this section shall prevent any
party or intervener from seeking modification or ter-
mination before the relief is terminable under para-
graph (1) or (2), to the extent that modification or
termination would otherwise be legally permissible.
‘‘(c) SETTLEMENTS.—
‘‘(1) CONSENT DECREES.—In any civil action
with respect to prison conditions, the court shall not
enter or approve a consent decree unless it complies
with the limitations on relief set forth in subsection
(a).
‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)
Nothing in this section shall preclude parties from en-
159
HR 3019 EAS
tering into a private settlement agreement that does
not comply with the limitations on relief set forth in
subsection (a), if the terms of that agreement are not
subject to court enforcement other than the reinstate-
ment of the civil proceeding that the agreement set-
tled.
‘‘(B) Nothing in this section shall preclude any
party claiming that a private settlement agreement
has been breached from seeking in State court any
remedy available under State law.
‘‘(d) STATE LAW REMEDIES.—The limitations on rem-
edies in this section shall not apply to relief entered by a
State court based solely upon claims arising under State
law.
‘‘(e) PROCEDURE FOR MOTIONS AFFECTING PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
‘‘(2) AUTOMATIC STAY.—Any prospective relief
subject to a pending motion shall be automatically
stayed during the period—
‘‘(A)(i) beginning on the 30th day after
such motion is filed, in the case of a motion
160
HR 3019 EAS
made under paragraph (1) or (2) of subsection
(b); or
‘‘(ii) beginning on the 180th day after such
motion is filed, in the case of a motion made
under any other law; and
‘‘(B) ending on the date the court enters a
final order ruling on the motion.
‘‘(f) SPECIAL MASTERS.—
‘‘(1) IN GENERAL.—(A) In any civil action in a
Federal court with respect to prison conditions, the
court may appoint a special master who shall be dis-
interested and objective and who will give due regard
to the public safety, to conduct hearings on the record
and prepare proposed findings of fact.
‘‘(B) The court shall appoint a special master
under this subsection during the remedial phase of the
action only upon a finding that the remedial phase
will be sufficiently complex to warrant the appoint-
ment.
‘‘(2) APPOINTMENT.—(A) If the court determines
that the appointment of a special master is necessary,
the court shall request that the defendant institution
and the plaintiff each submit a list of not more than
5 persons to serve as a special master.
161
HR 3019 EAS
‘‘(B) Each party shall have the opportunity to
remove up to 3 persons from the opposing party’s list.
‘‘(C) The court shall select the master from the
persons remaining on the list after the operation of
subparagraph (B).
‘‘(3) INTERLOCUTORY APPEAL.—Any party shall
have the right to an interlocutory appeal of the
judge’s selection of the special master under this sub-
section, on the ground of partiality.
‘‘(4) COMPENSATION.—The compensation to be
allowed to a special master under this section shall be
based on an hourly rate not greater than the hourly
rate established under section 3006A for payment of
court-appointed counsel, plus costs reasonably in-
curred by the special master. Such compensation and
costs shall be paid with funds appropriated to the Ju-
diciary.
‘‘(5) REGULAR
REVIEW
OF
APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
section, the court shall review the appointment of the
special master every 6 months to determine whether
the services of the special master continue to be re-
quired under paragraph (1). In no event shall the ap-
162
HR 3019 EAS
pointment of a special master extend beyond the ter-
mination of the relief.
‘‘(6) LIMITATIONS ON POWERS AND DUTIES.—A
special master appointed under this subsection—
‘‘(A) may be authorized by a court to con-
duct hearings and prepare proposed findings of
fact, which shall be made on the record;
‘‘(B) shall not make any findings or com-
munications ex parte;
‘‘(C) may be authorized by a court to assist
in the development of remedial plans; and
‘‘(D) may be removed at any time, but shall
be relieved of the appointment upon the termi-
nation of relief.
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘consent decree’ means any relief
entered by the court that is based in whole or in part
upon the consent or acquiescence of the parties but
does not include private settlements;
‘‘(2) the term ‘civil action with respect to prison
conditions’ means any civil proceeding arising under
Federal law with respect to the conditions of confine-
ment or the effects of actions by government officials
on the lives of persons confined in prison, but does
163
HR 3019 EAS
not include habeas corpus proceedings challenging the
fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject to incarceration, detention, or admission to any
facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal
law or the terms and conditions of parole, probation,
pretrial release, or diversionary program;
‘‘(4) the term ‘prisoner release order’ includes
any order, including a temporary restraining order
or preliminary injunctive relief, that has the purpose
or effect of reducing or limiting the prison popu-
lation, 
or 
that 
directs 
the 
release 
from 
or
nonadmission of prisoners to a prison;
‘‘(5) the term ‘prison’ means any Federal, State,
or local facility that incarcerates or detains juveniles
or adults accused of, convicted of, sentenced for, or ad-
judicated delinquent for, violations of criminal law;
‘‘(6) the term ‘private settlement agreement’
means an agreement entered into among the parties
that is not subject to judicial enforcement other than
the reinstatement of the civil proceeding that the
agreement settled;
‘‘(7) the term ‘prospective relief’ means all relief
other than compensatory monetary damages;
164
HR 3019 EAS
‘‘(8) the term ‘special master’ means any person
appointed by a Federal court pursuant to Rule 53 of
the Federal Rules of Civil Procedure or pursuant to
any inherent power of the court to exercise the powers
of a master, regardless of the title or description given
by the court; and
‘‘(9) the term ‘relief’ means all relief in any form
that may be granted or approved by the court, and
includes consent decrees but does not include private
settlement agreements.’’.
(b) APPLICATION OF AMENDMENT.—
(1) IN GENERAL.—Section 3626 of title 18, Unit-
ed States Code, as amended by this section, shall
apply with respect to all prospective relief whether
such relief was originally granted or approved before,
on, or after the date of the enactment of this title.
(2) TECHNICAL
AMENDMENT.—Subsections (b)
and (d) of section 20409 of the Violent Crime Control
and Law Enforcement Act of 1994 are repealed.
(c) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter C of chapter 229 of title 18,
United States Code, is amended to read as follows:
‘‘3626. Appropriate remedies with respect to prison conditions.’’.
165
HR 3019 EAS
SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITU-
TIONALIZED PERSONS ACT.
(a) INITIATION OF CIVIL ACTIONS.—Section 3(c) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997a(c)) (referred to in this section as the ‘‘Act’’) is
amended to read as follows:
‘‘(c) The Attorney General shall personally sign any
complaint filed pursuant to this section.’’.
(b) CERTIFICATION REQUIREMENTS.—Section 4 of the
Act (42 U.S.C. 1997b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘he’’ each place it appears
and inserting ‘‘the Attorney General’’; and
(B) by striking ‘‘his’’ and inserting ‘‘the At-
torney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) The Attorney General shall personally sign any
certification made pursuant to this section.’’.
(c) INTERVENTION IN ACTIONS.—Section 5 of the Act
(42 U.S.C. 1997c) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘he’’ each
place it appears and inserting ‘‘the Attorney
General’’; and
166
HR 3019 EAS
(B) by amending paragraph (2) to read as
follows:
‘‘(2) The Attorney General shall personally sign any
certification made pursuant to this section.’’; and
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
(d) SUITS BY PRISONERS.—Section 7 of the Act (42
U.S.C. 1997e) is amended to read as follows:
‘‘SEC. 7. SUITS BY PRISONERS.
‘‘(a) 
APPLICABILITY
OF
ADMINISTRATIVE
REM-
EDIES.—No action shall be brought with respect to prison
conditions under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983), or any other Federal law,
by a prisoner confined in any jail, prison, or other correc-
tional facility until such administrative remedies as are
available are exhausted.
‘‘(b) FAILURE OF STATE TO ADOPT OR ADHERE TO
ADMINISTRATIVE GRIEVANCE PROCEDURE.—The failure of
a State to adopt or adhere to an administrative grievance
procedure shall not constitute the basis for an action under
section 3 or 5 of this Act.
‘‘(c) DISMISSAL.—(1) The court shall on its own mo-
tion or on the motion of a party dismiss any action brought
167
HR 3019 EAS
with respect to prison conditions under section 1979 of the
Revised Statutes of the United States (42 U.S.C. 1983), or
any other Federal law, by a prisoner confined in any jail,
prison, or other correctional facility if the court is satisfied
that the action is frivolous, malicious, fails to state a claim
upon which relief can be granted, or seeks monetary relief
from a defendant who is immune from such relief.
‘‘(2) In the event that a claim is, on its face, frivolous,
malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is
immune from such relief, the court may dismiss the under-
lying claim without first requiring the exhaustion of ad-
ministrative remedies.
‘‘(d) ATTORNEY’S FEES.—(1) In any action brought
by a prisoner who is confined to any jail, prison, or other
correctional facility, in which attorney’s fees are authorized
under section 2 of the Revised Statutes of the United States
(42 U.S.C. 1988), such fees shall not be awarded, except
to the extent that—
‘‘(A) the fee was directly and reasonably in-
curred in proving an actual violation of the plain-
tiff’s rights protected by a statute pursuant to which
a fee may be awarded under section 2 of the Revised
Statutes; and
168
HR 3019 EAS
‘‘(B)(i) the amount of the fee is proportionately
related to the court ordered relief for the violation; or
‘‘(ii) the fee was directly and reasonably in-
curred in enforcing the relief ordered for the violation.
‘‘(2) Whenever a monetary judgment is awarded in an
action described in paragraph (1), a portion of the judg-
ment (not to exceed 25 percent) shall be applied to satisfy
the amount of attorney’s fees awarded against the defend-
ant. If the award of attorney’s fees is not greater than 150
percent of the judgment, the excess shall be paid by the de-
fendant.
‘‘(3) No award of attorney’s fees in an action described
in paragraph (1) shall be based on an hourly rate greater
than 150 percent of the hourly rate established under section
3006A of title 18, United States Code, for payment of court-
appointed counsel.
‘‘(4) Nothing in this subsection shall prohibit a pris-
oner from entering into an agreement to pay an attorney’s
fee in an amount greater than the amount authorized under
this subsection, if the fee is paid by the individual rather
than by the defendant pursuant to section 2 of the Revised
Statutes of the United States (42 U.S.C. 1988).
‘‘(e) LIMITATION ON RECOVERY.—No Federal civil ac-
tion may be brought by a prisoner confined in a jail, pris-
on, or other correctional facility, for mental or emotional
169
HR 3019 EAS
injury suffered while in custody without a prior showing
of physical injury.
‘‘(f) HEARINGS.—(1) To the extent practicable, in any
action brought with respect to prison conditions in Federal
court pursuant to section 1979 of the Revised Statutes of
the United States (42 U.S.C. 1983), or any other Federal
law, by a prisoner confined in any jail, prison, or other
correctional facility, pretrial proceedings in which the pris-
oner’s participation is required or permitted shall be con-
ducted by telephone, video conference, or other telecommuni-
cations technology without removing the prisoner from the
facility in which the prisoner is confined.
‘‘(2) Subject to the agreement of the official of the Fed-
eral, State, or local unit of government with custody over
the prisoner, hearings may be conducted at the facility in
which the prisoner is confined. To the extent practicable,
the court shall allow counsel to participate by telephone,
video conference, or other communications technology in
any hearing held at the facility.
‘‘(g) WAIVER OF REPLY.—(1) Any defendant may
waive the right to reply to any action brought by a prisoner
confined in any jail, prison, or other correctional facility
under section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983) or any other Federal law. Notwith-
standing any other law or rule of procedure, such waiver
170
HR 3019 EAS
shall not constitute an admission of the allegations con-
tained in the complaint. No relief shall be granted to the
plaintiff unless a reply has been filed.
‘‘(2) The court may require any defendant to reply to
a complaint brought under this section if it finds that the
plaintiff has a reasonable opportunity to prevail on the
merits.
‘‘(h) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(e) REPORT TO CONGRESS.—Section 8 of the Act (42
U.S.C. 1997f) is amended by striking ‘‘his report’’ and in-
serting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10
of the Act (42 U.S.C. 1997h) is amended—
(1) by striking ‘‘his action’’ and inserting ‘‘the
action’’; and
(2) by striking ‘‘he is satisfied’’ and inserting
‘‘the Attorney General is satisfied’’.
SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.
(a) FILING FEES.—Section 1915 of title 28, United
States Code, is amended—
171
HR 3019 EAS
(1) in subsection (a)—
(A) by striking ‘‘(a) Any’’ and inserting
‘‘(a)(1) Subject to subsection (b), any’’;
(B) by striking ‘‘and costs’’;
(C) by striking ‘‘makes affidavit’’ and in-
serting ‘‘submits an affidavit that includes a
statement of all assets such prisoner possesses’’;
(D) by striking ‘‘such costs’’ and inserting
‘‘such fees’’;
(E) by striking ‘‘he’’ each place it appears
and inserting ‘‘the person’’;
(F) by adding immediately after paragraph
(1), the following new paragraph:
‘‘(2) A prisoner seeking to bring a civil action or ap-
peal a judgment in a civil action or proceeding without
prepayment of fees or security therefor, in addition to filing
the affidavit filed under paragraph (1), shall submit a cer-
tified copy of the trust fund account statement (or institu-
tional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice
of appeal, obtained from the appropriate official of each
prison at which the prisoner is or was confined.’’; and
(G) by striking ‘‘An appeal’’ and inserting
‘‘(3) An appeal’’;
172
HR 3019 EAS
(2) by redesignating subsections (b), (c), (d), and
(e) as subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following
new subsection:
‘‘(b)(1) Notwithstanding subsection (a), if a prisoner
brings a civil action or files an appeal in forma pauperis,
the prisoner shall be required to pay the full amount of a
filing fee. The court shall assess and, when funds exist, col-
lect, as a partial payment of any court fees required by
law, an initial partial filing fee of 20 percent of the greater
of—
‘‘(A) the average monthly deposits to the pris-
oner’s account; or
‘‘(B) the average monthly balance in the pris-
oner’s account for the 6-month period immediately
preceding the filing of the complaint or notice of ap-
peal.
‘‘(2) After payment of the initial partial filing fee, the
prisoner shall be required to make monthly payments of 20
percent of the preceding month’s income credited to the pris-
oner’s account. The agency having custody of the prisoner
shall forward payments from the prisoner’s account to the
clerk of the court each time the amount in the account ex-
ceeds $10 until the filing fees are paid.
173
HR 3019 EAS
‘‘(3) In no event shall the filing fee collected exceed the
amount of fees permitted by statute for the commencement
of a civil action or an appeal of a civil action or criminal
judgment.
‘‘(4) In no event shall a prisoner be prohibited from
bringing a civil action or appealing a civil or criminal
judgment for the reason that the prisoner has no assets and
no means by which to pay the initial partial filing fee.’’;
(4) in subsection (c), as redesignated by para-
graph (2), by striking ‘‘subsection (a) of this section’’
and inserting ‘‘subsections (a) and (b) and the pre-
payment of any partial filing fee as may be required
under subsection (b)’’; and
(5) by amending subsection (e), as redesignated
by paragraph (2), to read as follows:
‘‘(e)(1) The court may request an attorney to represent
any person unable to afford counsel.
‘‘(2) Notwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss
the case at any time if the court determines that—
‘‘(A) the allegation of poverty is untrue; or
‘‘(B) the action or appeal—
‘‘(i) is frivolous or malicious;
‘‘(ii) fails to state a claim on which relief
may be granted; or
174
HR 3019 EAS
‘‘(iii) seeks monetary relief against a de-
fendant who is immune from such relief.’’.
(b) EXCEPTION TO DISCHARGE OF DEBT IN BANK-
RUPTCY PROCEEDING.—Section 523(a) of title 11, United
States Code, is amended—
(1) in paragraph (16), by striking the period at
the end and inserting ‘‘; or’’; and
(2) by adding at the end the following new para-
graph:
‘‘(17) for a fee imposed by a court for the filing
of a case, motion, complaint, or appeal, or for other
costs and expenses assessed with respect to such filing,
regardless of an assertion of poverty by the debtor
under section 1915 (b) or (f) of title 28, or the debt-
or’s status as a prisoner, as defined in section
1915(h) of title 28.’’.
(c) COSTS.—Section 1915(f) of title 28, United States
Code (as redesignated by subsection (a)(2)), is amended—
(1) by striking ‘‘(f) Judgment’’ and inserting
‘‘(f)(1) Judgment’’;
(2) by striking ‘‘cases’’ and inserting ‘‘proceed-
ings’’; and
(3) by adding at the end the following new para-
graph:
175
HR 3019 EAS
‘‘(2)(A) If the judgment against a prisoner includes
the payment of costs under this subsection, the prisoner
shall be required to pay the full amount of the costs ordered.
‘‘(B) The prisoner shall be required to make payments
for costs under this subsection in the same manner as is
provided for filing fees under subsection (a)(2).
‘‘(C) In no event shall the costs collected exceed the
amount of the costs ordered by the court.’’.
(d) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(g) In no event shall a prisoner bring a civil action
or appeal a judgment in a civil action or proceeding under
this section if the prisoner has, on 3 or more prior occa-
sions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United States
that was dismissed on the grounds that it is frivolous, mali-
cious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of
serious physical injury.’’.
(e) DEFINITION.—Section 1915 of title 28, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(h) As used in this section, the term ‘prisoner’ means
any person incarcerated or detained in any facility who
176
HR 3019 EAS
is accused of, convicted of, sentenced for, or adjudicated de-
linquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or diver-
sionary program.’’.
SEC. 805. JUDICIAL SCREENING.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by inserting after section 1915 the
following new section:
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before dock-
eting, if feasible or, in any event, as soon as practicable
after docketing, a complaint in a civil action in which a
prisoner seeks redress from a governmental entity or officer
or employee of a governmental entity.
‘‘(b) GROUNDS FOR DISMISSAL.—On review, the court
shall identify cognizable claims or dismiss the complaint,
or any portion of the complaint, if the complaint—
‘‘(1) is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or
‘‘(2) seeks monetary relief from a defendant who
is immune from such relief.
‘‘(c) DEFINITION.—As used in this section, the term
‘prisoner’ means any person incarcerated or detained in
any facility who is accused of, convicted of, sentenced for,
or adjudicated delinquent for, violations of criminal law
177
HR 3019 EAS
or the terms and conditions of parole, probation, pretrial
release, or diversionary program.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1915 the following
new item:
‘‘1915A. Screening.’’.
SEC. 806. FEDERAL TORT CLAIMS.
Section 1346(b) of title 28, United States Code, is
amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(2) by adding at the end the following:
‘‘(2) No person convicted of a felony who is incarcer-
ated while awaiting sentencing or while serving a sentence
may bring a civil action against the United States or an
agency, officer, or employee of the Government, for mental
or emotional injury suffered while in custody without a
prior showing of physical injury.’’.
SEC. 807. PAYMENT OF DAMAGE AWARD IN SATISFACTION
OF PENDING RESTITUTION ORDERS.
Any compensatory damages awarded to a prisoner in
connection with a civil action brought against any Federal,
State, or local jail, prison, or correctional facility or
against any official or agent of such jail, prison, or correc-
tional facility, shall be paid directly to satisfy any out-
standing restitution orders pending against the prisoner.
178
HR 3019 EAS
The remainder of any such award after full payment of all
pending restitution orders shall be forwarded to the pris-
oner.
SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE
AWARD.
Prior to payment of any compensatory damages
awarded to a prisoner in connection with a civil action
brought against any Federal, State, or local jail, prison,
or correctional facility or against any official or agent of
such jail, prison, or correctional facility, reasonable efforts
shall be made to notify the victims of the crime for which
the prisoner was convicted and incarcerated concerning the
pending payment of any such compensatory damages.
SEC. 809. EARNED RELEASE CREDIT OR GOOD TIME CREDIT
REVOCATION.
(a) IN GENERAL.—Chapter 123 of title 28, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 1932. Revocation of earned release credit
‘‘In any civil action brought by an adult convicted of
a crime and confined in a Federal correctional facility, the
court may order the revocation of such earned good time
credit under section 3624(b) of title 18, United States Code,
that has not yet vested, if, on its own motion or the motion
of any party, the court finds that—
179
HR 3019 EAS
‘‘(1) the claim was filed for a malicious purpose;
‘‘(2) the claim was filed solely to harass the
party against which it was filed; or
‘‘(3) the claimant testifies falsely or otherwise
knowingly presents false evidence or information to
the court.’’.
(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec-
tion 3624(b) of title 18, United States Code, is amended—
(1) in paragraph (1)—
(A) by striking the first sentence;
(B) in the second sentence—
(i) by striking ‘‘A prisoner’’ and in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; and
(iii) by striking ‘‘such’’;
(C) in the third sentence, by striking ‘‘If the
Bureau’’ and inserting ‘‘Subject to paragraph
(2), if the Bureau’’;
(D) by striking the fourth sentence and in-
serting the following: ‘‘In awarding credit under
180
HR 3019 EAS
this section, the Bureau shall consider whether
the prisoner, during the relevant period, has
earned, or is making satisfactory progress to-
ward earning, a high school diploma or an
equivalent degree.’’; and
(E) in the sixth sentence, by striking ‘‘Cred-
it for the last’’ and inserting ‘‘Subject to para-
graph (2), credit for the last’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) Notwithstanding any other law, credit
awarded under this subsection after the date of enact-
ment of the Prison Litigation Reform Act shall vest
on the date the prisoner is released from custody.’’.
SEC. 810. SEVERABILITY.
If any provision of this title, an amendment made by
this title, or the application of such provision or amend-
ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this title, the amendments made
by this title, and the application of the provisions of such
to any person or circumstance shall not be affected thereby.
This Act may be cited as the ‘‘Departments of Com-
merce, Justice, and State, the Judiciary, and Related Agen-
cies Appropriations Act, 1996.’’.
181
HR 3019 EAS
(b) Such amounts as may be necessary for programs,
projects or activities provided for in the District of Colum-
bia Appropriations Act, 1996 at a rate of operations and
to the extent and in the manner provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
AN ACT
Making appropriations for the government of the Dis-
trict 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.
TITLE I—FISCAL YEAR 1996 APPROPRIATIONS
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 author-
ized by section 502(a) of the District of Columbia Self-Gov-
ernment 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 Retirement Re-
form Act, approved November 17, 1979 (93 Stat. 866; Pub-
lic Law 96–122), $52,070,000.
182
HR 3019 EAS
FEDERAL CONTRIBUTION FOR EDUCATION REFORM
For a Federal contribution to Education Reform,
$14,930,000 which shall be deposited into an escrow account
of the District of Columbia Financial Responsibility and
Management Assistance Authority, pursuant to section 205
of Public Law 104–8, approved April 17, 1995 (109 Stat.
131), and shall be disbursed from such account pursuant
to the instructions of the Authority and in accordance with
title II of this Act, where applicable, as follows:
$200,000 shall be available for payments to charter
schools;
$300,000 shall be available for the Public Charter
School Board;
$2,000,000 shall be transferred directly, notwithstand-
ing any other provision of law, to the United States Depart-
ment of Education for awarding grants to carry out Even
Start programs in the District of Columbia as provided for
in Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curricu-
lum, content standards, and assessments;
$500,000 shall be available for payment to the Admin-
istrator of the General Services Administration for the costs
of developing engineering plans for donated work on Dis-
trict of Columbia public school facilities;
183
HR 3019 EAS
$100,000 shall be available to develop a plan for a resi-
dential school;
$860,000 shall be available for the District Education
and Learning Technologies Advancement Council;
$1,450,000 shall be available to the District Employ-
ment and Learning Center;
$1,000,000 shall be available for a professional devel-
opment program for teachers and administrators adminis-
tered by the nonprofit corporation selected under section
2701 of title II of this Act;
$1,450,000 shall be available for the Jobs for D.C.
Graduates Program;
$70,000 shall be available for the Everybody Wins pro-
gram: Provided, That $35,000 of this amount shall not be
available until the Superintendent certifies to the Chairman
of the District of Columbia Financial Responsibility and
Management Assistance Authority that he has raised a like
amount from private sources;
$100,000 shall be available for the Fit Kids program:
Provided, That $50,000 of this amount shall not be avail-
able until the Superintendent certifies to the Chairman of
the District of Columbia Financial Responsibility and
Management Assistance Authority that he has raised a like
amount from private sources;
184
HR 3019 EAS
$400,000 shall be available to the District of Columbia
Public Schools to improve security (such as installing elec-
tronic door locking devices) at such schools, including at
a minimum the following schools: Winston Education Cen-
ter; McKinley High School; Ballou High School; and
Cardozo High School; and
$5,250,000 shall be available pursuant to a plan devel-
oped by the Superintendent of the District of Columbia
Public Schools, in consultation with public and private en-
tities, for repair, modernization, maintenance and plan-
ning consistent with subtitle A and subtitle F of title II
of this Act, the August 14, 1995 recommendations of the
‘‘Superintendent’s Task Force on Education Infrastructure
for the 21st Century’’ and the June 13, 1995 ‘‘Accelerating
Education Reform in the District of Columbia: Building
on BESST’’: Provided, That not more than $250,000 of this
amount may be available for planning: Provided further,
That these funds shall be available for repair, moderniza-
tion, maintenance of classroom buildings: Provided further,
That these funds shall remain available until expended.
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the gen-
eral fund of the District of Columbia, except as otherwise
specifically provided.
185
HR 3019 EAS
GOVERNMENTAL DIRECTION AND SUPPORT
Governmental direction and support, $149,130,000
and 1,498 full-time equivalent positions (end of year) (in-
cluding $117,464,000 and 1,158 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 $24,728,000
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 Administrator shall be
available from this appropriation for expenditures for offi-
cial purposes: Provided further, That any program fees col-
lected from the issuance of debt shall be available for the
payment of expenses of the debt management program of
the District of Columbia: Provided further, That no reve-
nues from Federal sources shall be used to support the oper-
ations or activities of the Statehood Commission and State-
hood Compact Commission: Provided further, That the Dis-
trict of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated reve-
nues: Provided further, That $29,500,000 is for pay-as-you-
go capital projects of which $1,500,000 shall be for a capital
needs assessment study, and $28,000,000 shall be for a new
financial management system, if so determined following
186
HR 3019 EAS
the evaluation and review process subsequently described in
this paragraph, of which $2,000,000 shall be used to develop
a needs analysis and assessment of the existing financial
management environment, and the remaining $26,000,000
shall be used to procure the necessary hardware and instal-
lation of new software, conversion, testing and training:
Provided further, That the $26,000,000 shall not be obli-
gated or expended until: (1) the District of Columbia Fi-
nancial Responsibility and Management Assistance Author-
ity submits a report to the Committees on Appropriations
of the House and the Senate, the Committee on Govern-
mental Reform and Oversight of the House, and the Com-
mittee on Governmental Affairs of the Senate reporting the
results of a needs analysis and assessment of the existing
financial management environment, specifying the defi-
ciencies in, and recommending necessary improvements to
or replacement of the District’s financial management sys-
tem including a detailed explanation of each recommenda-
tion and its estimated cost; and (2) 30 days lapse after re-
ceipt of the report by Congress.
ECONOMIC DEVELOPMENT AND REGULATION
Economic development and regulation, $140,983,000
and 1,692 full-time equivalent positions (end-of-year) (in-
cluding $68,203,000 and 698 full-time equivalent positions
from local funds, $38,792,000 and 509 full-time equivalent
187
HR 3019 EAS
positions from Federal funds, $17,658,000 and 258 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 Columbia 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 repayments as determined each year
by the Council of the District of Columbia from the Housing
Finance Agency’s annual audited financial statements to
the Council of the District of Columbia, shall repay to the
general fund an amount equal to the appropriated adminis-
trative 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 notwith-
standing the foregoing provision, the obligation to repay all
or part of the amounts due shall be subject to the rights
of the owners of any bonds or notes issued by the Housing
Finance Agency and shall be repaid to the District of Co-
lumbia 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 oper-
ating expenses: Provided further, That upon commencement
of the debt service payments, such payments shall be depos-
ited into the general fund of the District of Columbia.
188
HR 3019 EAS
PUBLIC SAFETY AND JUSTICE
Public safety and justice, including purchase of 135
passenger-carrying vehicles for replacement only, including
130 for police-type use and five for fire-type use, without
regard to the general purchase price limitation for the cur-
rent fiscal year, $963,848,000 and 11,544 full-time equiva-
lent positions (end-of-year) (including $940,631,000 and
11,365 full-time equivalent positions from local funds,
$8,942,000 and 70 full-time equivalent positions from Fed-
eral funds, $5,160,000 and 4 full-time equivalent positions
from other funds, and $9,115,000 and 105 full-time equiva-
lent 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 authorized to re-
place not to exceed five passenger-carrying vehicles annu-
ally whenever the cost of repair to any damaged vehicle ex-
ceeds three-fourths of the cost of the replacement: 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 Metro-
politan Police Department shall provide quarterly reports
to the Committees on Appropriations of the House and Sen-
ate on efforts to increase efficiency and improve the profes-
sionalism in the department: Provided further, That not-
189
HR 3019 EAS
withstanding any other provision of law, or Mayor’s Order
86–45, issued March 18, 1986, the Metropolitan Police De-
partment’s delegated small purchase authority shall be
$500,000: Provided further, That the District of Columbia
government may not require the Metropolitan Police De-
partment to submit to any other procurement review proc-
ess, or to obtain the approval of or be restricted in any
manner by any official or employee of the District of Co-
lumbia government, for purchases that do not exceed
$500,000: Provided further, That $250,000 is used for the
Georgetown Summer Detail; $200,000 is used for East of
the River Detail; $100,000 is used for Adams Morgan De-
tail; and $100,000 is used for the Capitol Hill Summer De-
tail: Provided further, That the Metropolitan Police Depart-
ment 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 appro-
priated for expenses under the District of Columbia Crimi-
nal 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 fis-
cal 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
190
HR 3019 EAS
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 September
30, 1996, shall be available for obligations incurred 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 Superior Court of the Dis-
trict 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 operate 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 officials on all disturbances at the
prison, including escapes, riots, and similar incidents: Pro-
vided further, That the District of Columbia government
shall also take steps to publicize the availability of the 24-
191
HR 3019 EAS
hour telephone information 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, Virginia, for expenses incurred by the
counties during the fiscal year ending September 30, 1996,
in relation to the Lorton prison complex: Provided further,
That such reimbursements shall be paid in all instances in
which the District 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 Dis-
trict of Columbia National Guard for expenses incurred in
connection 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 availability
of the sums shall be deemed as constituting payment in ad-
vance for emergency services involved.
192
HR 3019 EAS
PUBLIC EDUCATION SYSTEM
Public education system, including the development of
national defense education programs, $795,201,000 and
11,670 full-time equivalent positions (end-of-year) (includ-
ing $676,251,000 and 9,996 full-time equivalent positions
from local funds, $87,385,000 and 1,227 full-time equiva-
lent positions from Federal funds, $21,719,000 and 234 full-
time equivalent positions from other funds, and $9,846,000
and 213 full-time equivalent positions from intra-District
funds), to be allocated as follows: $580,996,000 and 10,167
full-time equivalent positions (including $498,310,000 and
9,014 full-time equivalent 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 posi-
tions from other funds, and $2,557,000 and 51 full-time
equivalent positions from intra-District funds), for the pub-
lic schools of the District of Columbia; $111,800,000 (in-
cluding $111,000,000 from local funds and $800,000 from
intra-District funds) shall be allocated for the District of
Columbia Teachers’ Retirement Fund; $79,396,000 and
1,079 full-time equivalent positions (including $45,377,000
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 po-
sitions from other funds, and $6,486,000 and 162 full-time
193
HR 3019 EAS
equivalent positions from intra-District funds) for the Uni-
versity of the District of Columbia; $20,742,000 and 415
full-time equivalent positions (including $19,839,000 and
408 full-time equivalent positions from local funds,
$446,000 and 6 full-time equivalent positions from Federal
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 equivalent posi-
tions (including $1,725,000 and 2 full-time equivalent posi-
tions from local funds and $542,000 and 7 full-time equiva-
lent positions from Federal funds) for the Commission on
the Arts and Humanities: Provided, That the public schools
of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver edu-
cation 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 Co-
lumbia at the University of the District of Columbia, unless
the Board of Trustees of the University of the District of
Columbia adopts, for the fiscal year ending September 30,
1996, a tuition rate schedule that will establish the tuition
194
HR 3019 EAS
rate for nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public insti-
tutions of higher education in the metropolitan area.
EDUCATION REFORM
Education reform, $14,930,000, to be allocated as fol-
lows:
$200,000 shall be available for payments to charter
schools as authorized under Subtitle B of title II of this
Act;
$300,000 shall be available for the Public Charter
School Board as authorized under Subtitle B of title II of
this Act;
$2,000,000 shall be transferred directly, notwithstand-
ing any other provision of law, to the United States Depart-
ment of Education for awarding grants to carry out Even
Start programs in the District of Columbia as provided for
in Subtitle C of title II of this Act;
$1,250,000 shall be available to establish core curricu-
lum, content standards, and assessments as authorized
under Subtitle D of title II of this Act;
$500,000 shall be available for payment to the Admin-
istrator of the General Services Administration for the costs
of developing engineering plans for donated work on Dis-
trict of Columbia public school facilities as authorized
under Subtitle F of title II of this Act;
195
HR 3019 EAS
$100,000 shall be available to develop a plan for a resi-
dential school as authorized under Subtitle G of title II of
this Act;
$860,000 shall be available for the District Education
and Learning Technologies Advancement Council as au-
thorized under Subtitle I of title II of this Act;
$1,450,000 shall be available to the District Employ-
ment and Learning Center as authorized under Subtitle I
of title II of this Act;
$1,000,000 shall be available for a professional devel-
opment program for teachers and administrators adminis-
tered by the nonprofit corporation selected under section
2701 of title II of this Act as authorized under Subtitle I
of title II of this Act;
$1,450,000 shall be available for the Jobs for D.C.
Graduates Program as authorized under Subtitle I of title
II of this Act;
$70,000 shall be available for the Everybody Wins pro-
gram;
$100,000 shall be available for the Fit Kids program;
$400,000 shall be available to the District of Columbia
Public Schools to improve security (such as installing elec-
tronic door locking devices) at such schools, including at
a minimum the following schools: Winston Education Cen-
196
HR 3019 EAS
ter; McKinley High School; Ballou High School; and
Cardozo High School; and
$5,250,000 shall be available pursuant to a plan devel-
oped by the Superintendent of the District of Columbia
Public Schools, in consultation with public and private en-
tities, for repair, modernization, maintenance and plan-
ning consistent with subtitle A and subtitle F of title II
of this Act, the August 14, 1995 recommendations of the
‘‘Superintendent’s Task Force on Education Infrastructure
for the 21st Century’’ and the June 13, 1995 ‘‘Accelerating
Education Reform in the District of Columbia: Building
on BESST’’: Provided, That not more than $250,000 of this
amount may be available for planning: Provided further,
That these funds shall be available for repair, moderniza-
tion, maintenance of classroom buildings: Provided further,
That these funds shall remain available until expended:
Provided, That the District of Columbia government shall
enter into negotiations with Gallaudet University to trans-
fer, at a fair market value rate, Hamilton School from the
District of Columbia to Gallaudet University with the pro-
ceeds, if such a sale takes place, deposited into the general
fund of the District and used to improve public school fa-
cilities in the same ward as the Hamilton School.
197
HR 3019 EAS
HUMAN SUPPORT SERVICES
Human support services, $1,855,014,000 and 6,469
full-time equivalent positions (end-of-year) (including
$1,076,856,000 and 3,650 full-time equivalent positions
from local funds, $726,685,000 and 2,639 full-time equiva-
lent positions from Federal funds, $46,799,000 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’ disability compensa-
tion: Provided further, That the District shall not provide
free government services such as water, sewer, solid waste
disposal or collection, utilities, maintenance, repairs, or
similar services to any legally constituted private nonprofit
organization (as defined in section 411(5) of Public Law
100–77, approved July 22, 1987) providing emergency shel-
ter services in the District, if the District would not be
qualified to receive reimbursement pursuant to the Stewart
B. McKinney Homeless Assistance Act, approved July 22,
1987 (101 Stat. 485; Public Law 100–77; 42 U.S.C. 11301
et seq.).
PUBLIC WORKS
Public works, including rental of one passenger-carry-
ing vehicle for use by the Mayor and three passenger-carry-
198
HR 3019 EAS
ing vehicles for use by the Council of the District of Colum-
bia and purchase of passenger-carrying vehicles for replace-
ment only, $297,568,000 and 1,914 full-time equivalent po-
sitions (end-of-year) (including $225,915,000 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): Provided, That this
appropriation shall not be available for collecting ashes or
miscellaneous refuse from hotels and places of business.
WASHINGTON CONVENTION CENTER FUND TRANSFER
PAYMENT
For payment to the Washington Convention Center
Enterprise 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 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
199
HR 3019 EAS
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 Dis-
trict 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 there-
by, $327,787,000 from local funds.
REPAYMENT OF GENERAL FUND RECOVERY DEBT
For the purpose of eliminating the $331,589,000 gen-
eral fund accumulated deficit as of September 30, 1990,
$38,678,000 from local funds, as authorized by section
461(a) of the District of Columbia Self-Government and
Governmental Reorganization Act, approved December 24,
1973, as amended (105 Stat. 540; Public Law 102–106;
D.C. Code, sec. 47–321(a)).
REPAYMENT OF INTEREST ON SHORT-TERM BORROWING
For repayment of interest on short-term borrowing,
$9,698,000 from local funds.
201
HR 3019 EAS
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 ap-
proved by the Council pursuant to the procedures in section
4 of the Reprogramming Policy Act of 1980, effective Sep-
tember 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 Appropria-
tions of the House of Representatives and the Senate quar-
terly reports by the 15th day of the month following the
end of the quarter showing how monies provided under this
fund are expended with a final report providing a full ac-
counting of the fund due October 15, 1996 or not later than
15 days after the last amount remaining in the fund is dis-
bursed.
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.
202
HR 3019 EAS
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.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
For construction projects, $168,222,000 (including
$82,850,000 from local funds and $85,372,000 from Federal
funds), as authorized 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 Dis-
trict of Columbia Public Works Act of 1954, approved May
18, 1954 (68 Stat. 101; Public Law 83–364); An Act to
authorize the Commissioners of the District of Columbia to
203
HR 3019 EAS
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 from local
funds appropriated under this heading in prior fiscal years
is rescinded: Provided further, That funds for use of each
capital project implementing agency shall be managed and
controlled in accordance with all procedures and limita-
tions established under the Financial Management System:
Provided further, That all funds provided by this appro-
priation title shall be available only for the specific projects
and purposes intended: Provided further, That notwith-
standing the foregoing, all authorizations for capital 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 pro-
vided 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 Sep-
204
HR 3019 EAS
tember 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,
$242,253,000 and 1,024 full-time equivalent positions (end-
of-year) (including $237,076,000 and 924 full-time equiva-
lent positions from local funds, $433,000 from other funds,
and $4,744,000 and 100 full-time equivalent positions from
intra-District funds), of which $41,036,000 shall be appor-
tioned and payable to the debt service fund for repayment
of loans and interest incurred for capital improvement
projects.
For construction projects, $39,477,000 from Federal
funds, as authorized 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
requirements 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.
205
HR 3019 EAS
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, ap-
proved 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.),
$229,950,000 and 88 full-time equivalent positions (end-of-
year) (including $7,950,000 and 88 full-time equivalent po-
sitions for administrative expenses and $222,000,000 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-generated revenues: Pro-
vided 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, established
by the Cable Television Communications Act of 1981, effec-
tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–
206
HR 3019 EAS
1801 et seq.), $2,351,000 and 8 full-time equivalent posi-
tions (end-of-year) (including $2,019,000 and 8 full-time
equivalent positions from local funds and $332,000 from
other funds), of which $572,000 shall be transferred to the
general fund of the District of Columbia.
STARPLEX FUND
For the Starplex Fund, $6,580,000 from other funds
for the expenses incurred by the Armory Board in the exer-
cise of its powers granted by An Act To Establish A District
of Columbia Armory Board, and for other purposes, ap-
proved 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; Public 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 section 442(b) of the
District of Columbia Self-Government and Governmental
Reorganization Act, approved December 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 Com-
missioners, effective August 15, 1953, $115,034,000, of
which $56,735,000 shall be derived by transfer as intra-Dis-
trict funds from the general fund, $52,684,000 is to be de-
207
HR 3019 EAS
rived from the other funds, and $5,615,000 is to be derived
from intra-District funds.
D.C. RETIREMENT BOARD
For the D.C. Retirement Board, established by section
121 of the District of Columbia Retirement Reform Act of
1989, approved November 17, 1989 (93 Stat. 866; D.C.
Code, sec. 1–711), $13,440,000 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 administrative expenses of the District
of Columbia Retirement Board: Provided, That the District
of Columbia Retirement 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 expendi-
tures 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 accounting 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
report.
CORRECTIONAL INDUSTRIES FUND
For the Correctional Industries Fund, established by
the District of Columbia Correctional Industries Establish-
ment Act, approved October 3, 1964 (78 Stat. 1000; Public
208
HR 3019 EAS
Law 88–622), $10,516,000 and 66 full-time equivalent posi-
tions (end-of-year) (including $3,415,000 and 22 full-time
equivalent positions from other funds and $7,101,000 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.
PERSONAL AND NONPERSONAL SERVICES ADJUSTMENTS
Notwithstanding any other provision of law, the Chief
Financial Officer established under section 302 of Public
Law 104–8, approved April 17, 1995 (109 Stat. 142) shall,
on behalf of the Mayor, adjust appropriations and expendi-
tures for personal and nonpersonal services, together with
the related full-time equivalent positions, in accordance
with the direction of the District of Columbia Financial
Responsibility and Management Assistance Authority such
209
HR 3019 EAS
that there is a net reduction of $165,837,000, within or
among one or several of the various appropriation headings
in this Act, pursuant to section 208 of Public Law 104–
8, approved April 17, 1995 (109 Stat. 134).
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic 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 specified
within an appropriation for particular purposes or objects
of expenditure, such amount, unless otherwise specified,
shall be considered as the maximum amount that may be
expended for said purpose or object rather than an amount
set apart exclusively therefor.
210
HR 3019 EAS
SEC. 104. Appropriations in this Act shall be avail-
able, when authorized by the Mayor, for allowances for pri-
vately owned automobiles and motorcycles used for the per-
formance 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 Fed-
eral Property Management Regulations 101–7 (Federal
Travel Regulations).
SEC. 105. Appropriations in this Act shall be available
for expenses of travel and for the payment of dues of organi-
zations 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 author-
ization by the Mayor.
SEC. 106. There are appropriated from the applicable
funds of the District of Columbia such sums as may be nec-
essary for making refunds and for the payment of judg-
ments that have been entered against the District of Colum-
bia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the pro-
visions of section 11(c)(3) of title XII of the District of Co-
lumbia 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)).
211
HR 3019 EAS
SEC. 107. Appropriations in this Act shall be available
for the payment of public assistance without reference to
the requirement of section 544 of the District of Columbia
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-Fed-
eral share of funds necessary to qualify for Federal assist-
ance under the Juvenile Delinquency Prevention and Con-
trol 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. Noth-
ing herein is intended to prohibit the availability of school
buildings for the use of any community or partisan politi-
cal group during non-school hours.
SEC. 110. The annual budget for the District of Colum-
bia government for the fiscal year ending September 30,
1997, shall be transmitted to the Congress no later than
April 15, 1996 or as provided for under the provisions of
Public Law 104–8, approved April 17, 1995.
212
HR 3019 EAS
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 Oversight of Government
Management, of the Senate Committee on Governmental Af-
fairs, and the Council of the District of Columbia, or their
duly authorized representative: Provided, That none of the
funds contained in this Act shall be made available to pay
the salary of any employee of the District of Columbia gov-
ernment 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 nec-
essary for making payments authorized by the District of
Columbia Revenue Recovery Act of 1977, effective Septem-
ber 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 defeat
legislation pending before Congress or any State legislature.
213
HR 3019 EAS
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 com-
pared 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 reso-
lution, identifying the projects and amounts to be financed
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 grant-
ed according to the procedure set forth in the Joint Explan-
atory Statement of the Committee of Conference (House Re-
port No. 96–443), which accompanied the District of Co-
lumbia Appropriation Act, 1980, approved October 30,
1979 (93 Stat. 713; Public Law 96–93), as modified in
House Report No. 98–265, and in accordance with the
Reprogramming Policy Act of 1980, effective September 16,
214
HR 3019 EAS
1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro-
vided, That for the fiscal year ending September 30, 1996
the above shall apply except as modified by Public Law
104–8.
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 ar-
mored 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 Execu-
tive Schedule under 5 U.S.C. 5315.
215
HR 3019 EAS
(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 posi-
tion 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 Co-
lumbia 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 Colum-
bia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by
the Mayor.
SEC. 121. Notwithstanding any other provisions of
law, the provisions of 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.),
enacted pursuant to section 422(3) of the District of Colum-
bia 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 employ-
ees: Provided, That for pay purposes, employees of the Dis-
216
HR 3019 EAS
trict of Columbia government shall not be subject to the pro-
visions of title 5 of the United States Code.
SEC. 122. The Director of the Department of Adminis-
trative Services may pay rentals and repair, alter, and im-
prove 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 Direc-
tor, that by reason of circumstances set forth in such deter-
mination, the payment of these rents and the execution 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 re-
quest 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
217
HR 3019 EAS
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 competitive bid-
ding process has been made in accordance with duly pro-
mulgated Board of Education rules and procedures.
SEC. 125. For purposes of the Balanced Budget and
Emergency Deficit Control Act of 1985, approved December
12, 1985 (99 Stat. 1037; Public Law 99–177), as amended,
the term ‘‘program, project, and activity’’ shall be synony-
mous with and refer specifically to each account appro-
priating Federal funds in this Act, and any sequestration
order shall be applied to each of the accounts rather than
to the aggregate total of those accounts: Provided, That se-
questration orders shall not be applied to any account that
is 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. 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
218
HR 3019 EAS
appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the
Mayor of the District of Columbia shall pay to the Sec-
retary of the Treasury, within 15 days after receipt 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 ap-
plied proportionately to each of the Federal appropriation
accounts in this Act that are not specifically exempted from
sequestration by the Balanced Budget and Emergency Defi-
cit Control Act of 1985, approved 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 pursuant
to section 422(12) of the District of Columbia Self-Govern-
ment and Governmental Reorganization Act of 1973, ap-
219
HR 3019 EAS
proved December 24, 1973 (87 Stat. 790; Public Law 93–
198; D.C. Code, sec. 1–242(12)) and the Governmental Re-
organization Procedures Act of 1981, effective October 17,
1981 (D.C. Law 4–42; D.C. Code, sec. 1–299.1 to 1–299.7).
Appropriations made by this Act for such programs or
functions are conditioned on the approval 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 government
shall keep accurate and detailed records of the acceptance
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.
220
HR 3019 EAS
(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 of-
fices of United States Senator or United States Representa-
tive under section 4(d) of the District of Columbia State-
hood 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. None of the funds appropriated under this
Act shall be expended for any abortion except where the life
of the mother would be endangered if the fetus were carried
to term or where the pregnancy is the result of an act of
rape or incest.
PROHIBITION ON DOMESTIC PARTNERS ACT
SEC. 132. No funds made available pursuant to any
provision of this Act shall be used to implement or enforce
any system of registration of unmarried, cohabiting couples
whether they are homosexual, lesbian, or heterosexual, in-
cluding but not limited to registration for the purpose of
221
HR 3019 EAS
extending employment, health, or governmental benefits to
such couples on the same basis that such benefits are ex-
tended to legally married couples; nor shall any funds made
available pursuant to any provision of this Act otherwise
be used to implement or enforce D.C. Act 9–188, signed by
the Mayor of the District of Columbia on April 15, 1992.
COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS-
ABILITIES
AND TENURE
AND
FOR
THE JUDICIAL
NOMINATION COMMISSION
SEC. 133. Sections 431(f) and 433(b)(5) of the District
of Columbia Self-Government and Governmental Reorga-
nization 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 amend-
ed 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 connection with their
official duties on the Commission.’’.
222
HR 3019 EAS
MULTIYEAR CONTRACTS
SEC. 134. 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 Coun-
cil for its approval and the Council approves the contract
(in accordance with criteria established by act of the Coun-
cil). The Council shall be required to take affirmative action
223
HR 3019 EAS
to approve the contract within 45 days. If no action is taken
to approve the contract within 45 calendar days, the con-
tract shall be deemed disapproved.’’.
CALCULATED REAL PROPERTY TAX RATE RESCISSION
AND REAL PROPERTY TAX FREEZE
SEC. 135. 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 amended 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 Council
does extend the time for establishing the rates of
taxation on real property, it must establish those
rates for the tax year by permanent legislation.
If the Council does not establish the rates of tax-
ation of real property by October 15, and does
not extend the time for establishing 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:
224
HR 3019 EAS
‘‘(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.
PRISONS INDUSTRIES
SEC. 136. Title 18 U.S.C. 1761(b) is amended by strik-
ing the period at the end and inserting the phrase ‘‘or not-
for-profit organizations.’’ in its place.
REPORTS ON REDUCTIONS
SEC. 137. 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 executive to
effect the directives of the Council in this Act, including—
(1) negotiations with representatives of collective
bargaining units to reduce employee compensation;
(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
225
HR 3019 EAS
(4) a list of any position that is backfilled in-
cluding description, title, and salary of the position.
MONTHLY REPORTING REQUIREMENTS—BOARD OF
EDUCATION
SEC. 138. The Board of Education 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, 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 re-
porting 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 object,
and agency reporting code, and for all funding
sources;
226
HR 3019 EAS
(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, responsibil-
ity 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 modifications, exten-
sions, renewals; and specific modifications 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 rea-
sons for the structural change.
MONTHLY REPORTING REQUIREMENT
UNIVERSITY OF THE DISTRICT OF COLUMBIA
SEC. 139. The University of the District of Columbia
shall submit to the Congress, Mayor, and Council of the Dis-
227
HR 3019 EAS
trict 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 cap-
ital 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 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 object,
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 respon-
sibility center, and contract identifying codes used by
the University of the District of Columbia; 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 modifications, extensions, re-
228
HR 3019 EAS
newals; and specific modifications made to each con-
tract in the last month;
(5) all reprogramming requests and reports that
have been made by the University of the District of
Columbia within the last month in compliance with
applicable law; and
(6) changes in the last month to the organiza-
tional structure of the University of the District of
Columbia, displaying previous and current control
centers and responsibility centers, the names of the or-
ganizational entities that have been changed, the
name of the staff member supervising each entity af-
fected, and the reasons for the structural change.
ANNUAL REPORTING REQUIREMENTS
SEC. 140. (a) The Board of Education of the District
of Columbia and the University of the District of Columbia
shall annually compile an accurate and verifiable report
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 positions
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 posi-
229
HR 3019 EAS
tions 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 District
of Columbia Public Schools and the University of the
District of Columbia as of the preceding December 31,
verified as to its accuracy in accordance with the
functions that each employee actually performs, by
control center, responsibility center, agency 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.
ANNUAL BUDGETS AND BUDGET REVISIONS
SEC. 141. (a) Not later than October 1, 1995, or within
15 calendar days after the date of the enactment of the Dis-
trict of Columbia Appropriations Act, 1996, whichever oc-
curs later, and each succeeding year, the Board of Edu-
cation and the University of the District of Columbia shall
submit to the Congress, the Mayor, and Council of the Dis-
trict of Columbia, a revised appropriated funds operating
230
HR 3019 EAS
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 appropriation and that re-
aligns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual ex-
penditures.
(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. 142. 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,
231
HR 3019 EAS
Public Law 93–198, as amended (D.C. Code, sec. 47–301),
or before submitting their respective budgets directly to the
Council.
PUBLIC SCHOOL EMPLOYEE EVALUATIONS
SEC. 143. Notwithstanding any other provision of law,
rule, or regulation, the evaluation process and instruments
for evaluating District of Columbia Public Schools employ-
ees shall be a non-negotiable item for collective bargaining
purposes.
POSITION VACANCIES
SEC. 144. (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 agen-
cy submits a proposed resolution of intent to fill the vacant
position to the Council. The Council shall be required to
take affirmative action on the Mayor’s resolution within 30
legislative days. If the Council does not affirmatively ap-
prove the resolution within 30 legislative days, the resolu-
tion shall be deemed disapproved.
(b) No reduction in the number of full-time equivalent
positions or reduction-in-force due to privatization or con-
tracting out shall occur if the District of Columbia Finan-
cial Responsibility and Management Assistance Authority,
232
HR 3019 EAS
established by section 101(a) of the District of Columbia
Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 1995 (109 Stat. 97; Public Law
104–8), disallows the full-time equivalent position reduction
provided in this act in meeting the maximum ceiling of
35,984 for the fiscal year ending September 30, 1996.
(c) This section shall not prohibit the appropriate per-
sonnel authority from filling a vacant position with a Dis-
trict government employee currently occupying a position
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.
MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-
FORCE PROCEDURES
SEC. 145. The District of Columbia Government Com-
prehensive 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:
233
HR 3019 EAS
‘‘(13A) ‘Nonschool-based personnel’ means any em-
ployee 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 principals, as-
sistant principals, school program directors, coordinators,
instructional supervisors, and support personnel of the Dis-
trict of Columbia Public Schools.’’.
(b) Section 801A(b)(2) (D.C. Code, sec. 1–609.1(b)(2))
is amended by adding a new subparagraph (L–i) to read
as follows:
‘‘(L–i) Notwithstanding any other provision of law,
the Board of Education shall not issue rules that require
or permit nonschool-based personnel or school administra-
tors 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 teach-
ers.’’.
234
HR 3019 EAS
SEC. 146. (a) Notwithstanding any other provision of
law, rule, or regulation, an employee of the District of Co-
lumbia 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. 147. None of the funds provided in this Act may
be used directly or indirectly for the renovation of the prop-
erty located at 227 7th Street Southeast (commonly known
as Eastern Market), except that funds provided in this Act
may be used for the regular maintenance and upkeep of
the current structure and grounds located at such property.
CAPITAL PROJECT EMPLOYEES
SEC. 148. (a) Not later than 15 days after the end of
every fiscal quarter (beginning October 1, 1995), the Mayor
shall submit to the Council of the District of Columbia, the
District of Columbia Financial Responsibility and Man-
agement Assistance Authority, and the Committees on Ap-
propriations of the House of Representatives and the Senate
235
HR 3019 EAS
a report with respect to the employees on the capital project
budget for the previous 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.
MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES
SEC. 149. The District of Columbia Government Com-
prehensive 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 per-
sonnel 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 sub-
division of an agency.’’.
236
HR 3019 EAS
(b) A new section 2406 is added to read as follows:
‘‘SEC. 2406. Abolishment of positions for Fiscal Year
1996.
‘‘(a) Notwithstanding any other provision of law, regu-
lation, 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 iden-
tify positions for abolishment.
‘‘(b) Prior to February 1, 1996, each personnel author-
ity 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 encumbers
a position identified for abolishment shall be separated
without competition or assignment rights, except as pro-
vided in this section.
‘‘(d) An employee affected by the abolishment of a posi-
tion 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 lim-
ited to positions in the employee’s competitive level.
237
HR 3019 EAS
‘‘(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 pur-
poses of this subsection only, a nonresident District em-
ployee 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 Elizabeths Hospital
who accepted employment with the District 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 his section shall be subject to review except as follows—
‘‘(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 Em-
ployee Appeals an appeal contesting that the separa-
238
HR 3019 EAS
tion procedures of subsections (d) and (f) of this sec-
tion 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 Reemploy-
ment Priority Program or the Displaced Employee Pro-
gram established pursuant to Chapter 24 of the District
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,
239
HR 3019 EAS
on any incumbent employee remaining in any position
identified to be abolished pursuant to subsection (b) of this
section’’.
Sec. 150. (a) CEILING ON TOTAL OPERATING EX-
PENSES.—Notwithstanding any other provision of law, the
total amount appropriated in this Act for operating ex-
penses for the District of Columbia for fiscal year 1996
under the caption ‘‘Division of Expenses’’ shall not exceed
$4,994,000,000 of which $165,339,000 shall be from intra-
District funds.
(b) ACCEPTANCE AND USE OF GRANTS NOT INCLUDED
IN CEILING.—
(1) IN
GENERAL.—Notwithstanding subsection
(a), the Mayor of the District of Columbia may ac-
cept, obligate, and expend Federal, private, and other
grants received by the District government that are
not reflected in the amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER
REPORT AND FINANCIAL RESPONSIBILITY AND MAN-
AGEMENT
ASSISTANCE
AUTHORITY
APPROVAL.—No
such Federal, private, or other grant may be accepted,
obligated, or expended pursuant to paragraph (1)
until—
(A) the Chief Financial Officer of the Dis-
trict submits to the District of Columbia Finan-
240
HR 3019 EAS
cial Responsibility and Management Assistance
Authority established by Public Law 104–8 (109
Stat. 97) a report setting forth detailed informa-
tion regarding such grant; and
(B) the District of Columbia Financial Re-
sponsibility and Management Assistance Author-
ity has reviewed and approved the acceptance,
obligation, and expenditure of such grant in ac-
cordance with review and approval procedures
consistent with the provisions of Public Law
104–8.
(3) PROHIBITION ON SPENDING IN ANTICIPATION
OF APPROVAL OR RECEIPT.—No amount may be obli-
gated or expended from the general fund or other
funds of the District government in anticipation of
the approval or receipt of a grant under paragraph
(2)(B) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to
such paragraph.
(4) MONTHLY REPORTS.—The Chief Financial
Officer of the District shall prepare a monthly report
setting forth detailed information regarding all Fed-
eral, private, and other grants subject to this sub-
section. Each such report shall be submitted to the
Council of the District of Columbia, and to the Com-
241
HR 3019 EAS
mittees on Appropriations of the House of Represent-
atives and the Senate, not later than 15 days after the
end of the month covered by the report.
PLANS FOR LORTON CORRECTIONAL COMPLEX
SEC. 151. (a) DEVELOPMENT OF PLANS.—Not later
than March 15, 1996, the District of Columbia shall develop
a series of alternative plans meeting the requirements of
subsection (b) for the use and operation of the Lorton Cor-
rectional Complex (hereafter in this section referred to as
the ‘‘Complex’’), including—
(1) a plan under which the Complex will be
closed;
(2) a plan under which the Complex will remain
in operation under the management of the District of
Columbia subject to such modifications as the District
considers appropriate;
(3) a plan under which the Complex will be op-
erated under the management of the Federal govern-
ment;
(4) a plan under which the Complex will be op-
erated under private management; and
(5) such other plans as the District of Columbia
considers appropriate.
242
HR 3019 EAS
(b) REQUIREMENTS FOR PLANS.—Each of the plans
developed by the District of Columbia under subsection (a)
shall meet the following requirements:
(1) The plan shall provide for an appropriate
transition period not to exceed 5 years in length.
(2) The plan shall include provisions specifying
how and to what extent the District will utilize alter-
native management, including the private sector, for
the operation of correctional facilities for the District,
and shall include provisions describing the treatment
under such alternative management (including under
contracts) of site selection, design, financing, con-
struction, and operation of correctional facilities for
the District.
(3) The plan shall include a description of any
legislation required to implenent the plan.
(4) The plan shall include an implementation
schedule, together with specific performance measures
and timelines to determine the extent to which the
District is meeting the schedule during the transition
period.
(5) Under the plan, the Mayor of the District of
Columbia shall submit a semi-annual report to the
President, Congress, and the District of Columbia Fi-
nancial Responsibility and Management Assistance
243
HR 3019 EAS
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 Colum-
bia Financial Responsibility and Management Assist-
ance Authority on all significant measures taken
under the plan as soon as such measures are taken.
(6) For each of the years during which the plan
is in effect, the plan shall be consistent with the fi-
nancial 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 Manage-
ment Assistance Act of 1995.
(c) SUBMISSION OF PLAN.—Upon completing the de-
velopment of the plans under subsection (a), the District
of Columbia shall submit the plans to the President, Con-
gress, and the District of Columbia Financial Responsibil-
ity and Management Assistance Authority.
PROHIBITION AGAINST ADOPTION BY UNMARRIED
COUPLES
SEC. 152. (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 subsection:
244
HR 3019 EAS
‘‘(b)(1) Except as provided in paragraph (2), no per-
son may join in a petition under this section unless the
person is the spouse of the petitioner.
‘‘(2) An unmarried person may file a petition for
adoption where no other person joins in the petition or
where the co-petitioner is the natural parent of the child.’’.
TECHNICAL CORRECTIONS TO FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE ACT
SEC. 153. (a) REQUIRING GSA TO PROVIDE SUPPORT
SERVICES.—Section 103(f) of the District of Columbia Fi-
nancial 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.—Subsection
(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—
245
HR 3019 EAS
‘‘(A) may elect, for the purposes set forth in
paragraph (2)(A), to be treated, for so long as
that individual remains continuously employed
by the Authority, as if such individual had not
separated from service with the Federal Govern-
ment, subject to paragraph (3); and
‘‘(B) shall, if such employee subsequently be-
comes reemployed by the Federal Government, be
entitled to have such individual’s service with the
Authority treated, for purposes of determining
the appropriate leave accrual rate, as if it had
been service with the Federal Government.
‘‘(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 describe in such provisions for pur-
poses of—
‘‘(i) chapter 83 or 84 of title 5, United
States Code, as appropriate (relating to re-
tirement), including the Thrift Savings
Plan;
‘‘(ii) chapter 87 of such title (relating
to life insurance); and
246
HR 3019 EAS
‘‘(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) corresponding
to the respective programs referred to in sub-
paragraph (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 sepa-
rates from service with the Federal Government;
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.
247
HR 3019 EAS
‘‘(5) REGULATIONS.—Any regulations necessary
to carry out this subsection shall be prescribed in con-
sultation with the Authority 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 involved.’’.
(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 Man-
agement, in conjunction with each corresponding of-
fice or agency of the government of the District of Co-
lumbia and in consultation with the Authority, shall
prescribe regulations under which any individual who
becomes employed by the Authority (under cir-
cumstances other than as described in subsection (e))
may elect either—
248
HR 3019 EAS
(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 elec-
tion remains in effect, from participating in any of
the programs referred to in the other such subpara-
graph.
‘‘(3) DEFINITION OF ‘CORRESPONDING OFFICE OR
AGENCY’.—For purposes of paragraph (1), the term
‘corresponding office or agency of the government of
the District of Columbia’ means, with respect to any
program administered by the Office of Personnel
Management, the office or agency responsible for ad-
ministering the corresponding program (if any) of-
fered by the government of the District of Columbia.
‘‘(4) THRIFT SAVINGS PLAN.—To the extent that
the Thrift Savings Plan is involved, the preceding
provisions of this subsection shall be applied by sub-
stituting ‘the Executive Director referred to in section
249
HR 3019 EAS
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; elec-
tion for employees appointed during interim pe-
riod.—
(A) EFFECTIVE
DATE.—Not later than 6
months after the date of enactment of this Act,
there shall be prescribed in consultation with the
Authority (and take effect)—
(i) regulations to carry out the amend-
ments 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 Dis-
trict of Columbia Financial Responsibility
250
HR 3019 EAS
and Management Assistance Act of 1995, as
amended by this subsection. Such regula-
tions shall be prescribed jointly by the Of-
fice of Personnel Management and each cor-
responding office or agency of the govern-
ment of the District of Columbia (in the
same manner as provided 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 Dis-
trict of Columbia referred to in section
102(e)(2)(B) of such Act (as so amend-
ed).
(C) ELECTION FOR EMPLOYEES APPOINTED
DURING INTERIM PERIOD.—
(i) FROM
THE
FEDERAL
GOVERN-
MENT.—Subsection (e) of section 102 of the
District of Columbia Financial Responsibil-
ity and Management Assistance Act of 1995
251
HR 3019 EAS
(as last in effect before the date of enact-
ment of this Act) shall be deemed to have re-
mained in effect for purposes of any Federal
employee who becomes employed by the Dis-
trict of Columbia Financial Responsibility
and Management Assistance Authority dur-
ing the period beginning on such date of en-
actment and ending on the day before the
effective date of the regulations prescribed to
carry out subparagraph (B).
(ii) OTHER INDIVIDUALS.—The regula-
tions prescribed to carry out subsection (f)
of section 102 of the District of Columbia
Financial Responsibility and Management
Assistance Act of 1995 (as amended by this
subsection) shall include provisions under
which an election under such subsection
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 effec-
tive date of such regulations;
252
HR 3019 EAS
(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 sub-
section (f)(1)(B) of such section 102 (as
so amended).
(c) EXEMPTION FROM LIABILITY FOR CLAIMS FOR AU-
THORITY EMPLOYEES.—Section 104 of such Act is amend-
ed—
(1) by striking ‘‘the Authority and its members’’
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 employees
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).
253
HR 3019 EAS
ESTABLISHMENT OF EXCLUSIVE ACCOUNTS FOR BLUE
PLAINS ACTIVITIES
SEC. 154. (a) OPERATION
AND MAINTENANCE AC-
COUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby es-
tablished within the Water and Sewer Enterprise
Fund the Operation and Maintenance Account, con-
sisting of all fund paid to the District of Columbia
on or after the date of the enactment of this Act which
are—
(A) attributable to waste water treatment
user charges;
(B) paid by users jurisdictions for the oper-
ation and maintenance of the Blue Plains
Wastewater Treatment Facility and related
waste water treatment works; or
(C) appropriated or otherwise provided for
the operation and maintenance of the Blue
Plains Wastewater Treatment Facility and relat-
ed waste water treatment works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the
Operation and Maintenance Account shall be used
solely for funding the operation and maintenance of
the Blue Plains Wastewater Treatment Facility and
related waste water treatment works and may not be
254
HR 3019 EAS
obligated or expended for any other purpose, and may
be used for related debt service and capital costs if
such funds are not attributable to user charges as-
sessed for purposes of section 204(b)(1) of the Federal
Water Pollution Control Act.
(b) EPA GRANT ACCOUNT.—
(1) CONTENTS OF ACCOUNT.—There is hereby es-
tablished within the Water and Sewer Enterprise
Fund and EPA Grant Account, consisting of all
funds paid to the District of Columbia on or after the
date of the enactment of this Act which are—
(A) attributable to grants from the Environ-
mental Protection Agency for construction at the
Blue Plains Wastewater Treatment Facility and
related waste water treatment works; or
(B) appropriated or otherwise provided for
construction at the Blue Plains Wastewater
Treatment Facility and related waste water
treatment works.
(2) USE OF FUNDS IN ACCOUNT.—Funds in the
EPA Grant Account shall be used solely for the pur-
poses specified under the terms of the grants and ap-
propriations involved, and may not be obligated or
expended for any other purpose.
255
HR 3019 EAS
SEC. 155. (a) Up to 50 police officers and up to 50
Fire and Emergency Medical Services members who were
hired before February 14, 1980, and who retire on disability
before the end of calendar year 1996 shall be excluded from
the computation of the rate of disability retirements under
subsection 145(a) of the District of Columbia Retirement
Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1–
725(a)), for purposes of reducing the authorized Federal
payment to the District of Columbia Police Offices and Fire
Fighters’ Retirement Fund pursuant to subsection 145(c)
of the District of Columbia Retirement Reform Act of 1979.
(b) The Mayor, within 30 days after the enactment of
this provision, shall engage an enrolled actuary, to be paid
by the District of Columbia Retirement Board, and shall
comply with the requirements of section 142(d) and section
144(d) of the District of Columbia Retirement Reform Act
of 1979 (Public Law 96–122, approved November 17, 1979;
D.C. Code, secs. 1–722(d) and 1–724(d)).
This title may be cited as the ‘‘District of Columbia
Appropriations Act, 1996’’.
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’’.
256
HR 3019 EAS
SEC. 2002. DEFINITIONS.
Except as otherwise provided, for purposes of this title:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means—
(A) the Committee on Appropriations of the
House of Representatives and the Committee 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’’ means the aggregate at-
tendance of students of the school during the period
257
HR 3019 EAS
divided by the number of days during the period in
which—
(A) the school is in session; and
(B) the students of the school are under the
guidance and direction of teachers.
(4) AVERAGE
DAILY
MEMBERSHIP.—The term
‘‘average daily membership’’ means the aggregate en-
rollment of students of the school during the period
divided by the number of days during the period in
which—
(A) the school is in session; and
(B) the students of the school are under the
guidance and direction of teachers.
(5) BOARD OF EDUCATION.—The term ‘‘Board of
Education’’ means the Board of Education of the Dis-
trict of Columbia.
(6) BOARD OF TRUSTEES.—The term ‘‘Board of
Trustees’’ means the governing board of a public char-
ter school, the members of which are selected pursuant
to the charter granted to the school and in a manner
consistent with this title.
(7) CONSENSUS COMMISSION.—The term ‘‘Con-
sensus Commission’’ means the Commission on Con-
sensus Reform in the District of Columbia public
schools established under subtitle L.
258
HR 3019 EAS
(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 grade 12 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 pursuant to sec-
tion 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 Columbia
Self-Government and Governmental Reorga-
nization Act;
259
HR 3019 EAS
(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 Colum-
bia;
(v) the District of Columbia Council;
and
(vi) any other agency, public author-
ity, or public nonprofit corporation that has
the authority to receive moneys directly or
indirectly from the District of Columbia
(other than moneys received from the sale of
goods, the provision of services, or the loan-
ing of funds to the District of Columbia).
(B) EXCEPTION.—The term ‘‘District of Co-
lumbia Government’’ neither includes the Au-
thority nor a public charter school.
(11) DISTRICT OF COLUMBIA GOVERNMENT RE-
TIREMENT SYSTEM.—The term ‘‘District of Columbia
Government retirement system’’ means the retirement
programs authorized by the District of Columbia
Council or the Congress for employees of the District
of Columbia Government.
(12) DISTRICT OF COLUMBIA PUBLIC SCHOOL.—
260
HR 3019 EAS
(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 grade 12; or
(ii) leading to a secondary school di-
ploma, or its recognized equivalent.
(B) EXCEPTION.—The term ‘‘District of Co-
lumbia public school’’ does not include a public
charter school.
(13) DISTRICTWIDE
ASSESSMENTS.—The term
‘‘districtwide assessments’’ means a variety of assess-
ment tools and strategies (including individual stu-
dent assessments under subparagraph (E)(ii)) admin-
istered by the Superintendent to students enrolled in
District of Columbia public schools and public charter
schools that—
(A) are aligned with the District of Colum-
bia’s content standards and core curriculum;
(B) provide coherent information about stu-
dent attainment of such standards;
(C) are used for purposes for which such as-
sessments are valid, reliable, and unbiased, and
are consistent with relevant nationally recog-
261
HR 3019 EAS
nized professional and technical standards for
such assessments;
(D) involve multiple up-to-date measures of
student performance, including measures that as-
sess higher order thinking skills and understand-
ing; and
(E) provide for—
(i) the participation in such assess-
ments of all students;
(ii) individual student assessments for
students that fail to reach minimum accept-
able levels of performance;
(iii) the reasonable adaptations and
accommodations for students with special
needs (as defined in paragraph (32)) nec-
essary to measure the achievement of such
students relative to the District of Colum-
bia’s content standards; and
(iv) the inclusion of limited-English
proficient students, who shall be assessed, to
the extent practicable, in the language and
form most likely to yield accurate and reli-
able information regarding such students’
knowledge and abilities.
262
HR 3019 EAS
(14) ELECTRONIC
DATA
TRANSFER
SYSTEM.—
The term ‘‘electronic data transfer system’’ means a
computer-based process for the maintenance and
transfer of student records designed to permit the
transfer of individual student records among District
of Columbia public schools and public charter schools.
(15) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ means an institutional day or residen-
tial school that provides elementary education, as de-
termined under District of Columbia law.
(16) ELIGIBLE APPLICANT.—The term ‘‘eligible
applicant’’ means a person, including a private, pub-
lic, or quasi-public entity, or an institution of higher
education (as defined in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a))), that
seeks to establish a public charter school in the Dis-
trict of Columbia.
(17) ELIGIBLE
CHARTERING
AUTHORITY.—The
term ‘‘eligible chartering authority’’ means any of the
following:
(A) The Board of Education.
(B) The Public Charter School Board.
(C) Any one entity designated as an eligible
chartering authority by enactment of a bill by
263
HR 3019 EAS
the District of Columbia Council after the date
of the enactment of this Act.
(18) FAMILY
RESOURCE
CENTER.—The term
‘‘family resource center’’ means an information
desk—
(A) located in a District of Columbia public
school or a public charter school serving a major-
ity of students whose family income is not great-
er than 185 percent of the income official poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with
section 673(2) of the Community Services Block
Grant Act applicable to a family of the size in-
volved (42 U.S.C. 9902(3))); 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) INDIVIDUAL CAREER PATH.—The term ‘‘in-
dividual career path’’ means a program of study that
provides a secondary school student the skills nec-
essary to compete in the 21st century workforce.
(20) LITERACY.—The term ‘‘literacy’’ means—
264
HR 3019 EAS
(A) in the case of a minor student, such stu-
dent’s ability to read, write, and speak in Eng-
lish, and compute and solve problems at levels of
proficiency necessary to function in society, to
achieve such student’s goals, and develop such
student’s knowledge and potential; and
(B) in the case of an adult, such adult’s
ability to read, write, and speak in English, and
compute and solve problems at levels of pro-
ficiency necessary to function on the job and in
society, to achieve such adult’s goals, and develop
such adult’s knowledge and potential.
(21) LONG-TERM
REFORM
PLAN.—The term
‘‘long-term reform plan’’ means the plan submitted by
the Superintendent under section 2101.
(22) MAYOR.—The term ‘‘Mayor’’ means the
Mayor of the District of Columbia.
(23) METROBUS AND METRORAIL TRANSIT SYS-
TEM.—The term ‘‘Metrobus and Metrorail Transit
System’’ means the bus and rail systems administered
by the Washington Metropolitan Area Transit Au-
thority.
(24) MINOR STUDENT.—The term ‘‘minor stu-
dent’’ means an individual who—
265
HR 3019 EAS
(A) is enrolled in a District of Columbia
public school 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).
(25) NONRESIDENT STUDENT.—The term ‘‘non-
resident 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.
(26) PARENT.—The term ‘‘parent’’ means a per-
son who has custody of a child, 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.
266
HR 3019 EAS
(27) PETITION.—The term ‘‘petition’’ means a
written application.
(28) 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 student
achievement on districtwide assessments established
under subtitle D.
(29) PUBLIC
CHARTER
SCHOOL.—The term
‘‘public charter school’’ means a publicly funded
school in the District of Columbia that—
(A) is established pursuant to subtitle B;
and
(B) except as provided under sections
2212(d)(5) and 2213(c)(5) is not a part of the
District of Columbia public schools.
(30) PUBLIC
CHARTER
SCHOOL
BOARD.—The
term ‘‘Public Charter School Board’’ means the Pub-
lic Charter School Board established under section
2214.
(31) SECONDARY SCHOOL.—The term ‘‘secondary
school’’ means an institutional day or residential
school that provides secondary education, as deter-
267
HR 3019 EAS
mined by District of Columbia law, except that such
term does not include any education beyond grade 12.
(32) STUDENT WITH SPECIAL NEEDS.—The term
‘‘student with special needs’’ means a student who is
a child with a disability as provided in section
602(a)(1) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(a)(1)) or a student who
is an individual with a disability as provided in sec-
tion 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.
706(8)).
(33) 
SUPERINTENDENT.—The 
term 
‘‘Super-
intendent’’ means the Superintendent of the District
of Columbia public schools.
(34) TEACHER.—The term ‘‘teacher’’ means any
person employed as a teacher by the Board of Edu-
cation or by a public charter school.
SEC. 2003. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this title, this title
shall be effective during the period beginning on the date
of enactment of this Act and ending 5 years after such date.
Subtitle A—District of Columbia
Reform Plan
SEC. 2101. LONG-TERM REFORM PLAN.
(a) IN GENERAL.—
268
HR 3019 EAS
(1) PLAN.—The Superintendent, with the ap-
proval of the Board of Education, shall submit to the
Mayor, the District of Columbia Council, the Author-
ity, the Consensus Commission, and the appropriate
congressional committees, a long-term reform plan,
not later than 90 days after the date of enactment of
this Act, and each February 15 thereafter. The long-
term reform plan shall be consistent with the finan-
cial plan and budget for the District of Columbia for
fiscal year 1996, and each financial plan and budget
for a subsequent fiscal year, as the case may be, re-
quired under section 201 of the District of Columbia
Financial Responsibility and Management Assistance
Act of 1995.
(2) CONSULTATION.—
(A) IN GENERAL.—In developing the long-
term reform plan, the Superintendent—
(i) shall consult with the Board of
Education, the Mayor, the District of Co-
lumbia Council, the Authority, and the
Consensus Commission; and
(ii) shall afford the public, interested
organizations, and groups an opportunity
to present their views and make rec-
269
HR 3019 EAS
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 response of
the Superintendent to the recommendations.
(b) CONTENTS.—
(1) AREAS TO BE ADDRESSED.—The long-term
reform plan shall describe how the District of Colum-
bia public schools will become a world-class education
system that prepares students for lifetime learning in
the 21st century and which is on a par with the best
education systems of other cities, States, and nations.
The long-term reform plan shall include a description
of how the District of Columbia public schools will ac-
complish the following:
(A) Achievement at nationally and inter-
nationally competitive levels by students attend-
ing District of Columbia public schools.
(B) The preparation of students for the
workforce, including—
(i) providing special emphasis for stu-
dents planning to obtain a postsecondary
education; and
270
HR 3019 EAS
(ii) the development of individual ca-
reer paths.
(C) The improvement of the health and safe-
ty of students in District of Columbia public
schools.
(D) Local school governance, decentraliza-
tion, autonomy, and parental choice among Dis-
trict of Columbia public schools.
(E) The implementation of a comprehensive
and effective adult education and literacy pro-
gram.
(F) The identification, beginning in grade
3, of each student who does not meet minimum
standards of academic achievement in reading,
writing, and mathematics in order to ensure that
such student meets such standards prior to grade
promotion.
(G) The achievement of literacy, and the
possession of the knowledge and skills necessary
to think critically, communicate effectively, and
perform competently on districtwide assessments,
by students attending District of Columbia pub-
lic schools prior to such student’s completion of
grade 8.
656
HR 3019 EAS
agency and the families shall receive tenant-
based or project-based assistance, and to provide
any necessary counseling for families; and
(B) ensure that all tenants affected by a de-
termination under this section that a develop-
ment shall be removed from the inventory of a
public housing agency shall be offered tenant-
based or project-based assistance and shall be re-
located, as necessary, to other decent, safe, sani-
tary, and affordable housing which is, to the
maximum extent practicable, housing of their
choice.
(e) IN GENERAL.—
(1) The Secretary may require a public housing
agency to provide such information as the Secretary
considers necessary for the administration of this sec-
tion.
(2) As used in this section, the term ‘‘develop-
ment’’ shall refer to a project or projects, or to por-
tions of a project or projects, as appropriate.
(3) Section 18 of the United States Housing Act
of 1937 shall not apply to the demolition of develop-
ments removed from the inventory of the public hous-
ing agency under this section.
699
HR 3019 EAS
capitalization grants for State revolving funds to support
water infrastructure financing, $325,000,000 shall be for
drinking water State revolving funds, but if no drinking
water State revolving fund legislation is enacted by June
1, 1996, these funds shall immediately be available for mak-
ing capitalization grants under title VI of the Federal
Water Pollution Control Act, as amended: Provided further,
That of the funds made available in Public Law 103–327
and in Public Law 103–124 for capitalization grants for
State revolving funds to support water infrastructure fi-
nancing, $225,000,000 shall be made available for capital-
ization grants for State revolving funds under title VI of
the Federal Water Pollution Control Act, as amended, if
no drinking water State revolving fund legislation is en-
acted by June 1, 1996: Provided further, That of the funds
made available under this heading for capitalization grants
for State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended, $50,000,000 shall
be for wastewater treatment in impoverished communities
pursuant to section 102(d) of H.R. 961 as approved by the
United States House of Representatives on May 16, 1995:
Provided further, That of the funds appropriated in the
Construction Grants and Water Infrastructure/State Re-
volving Funds accounts since the appropriation for the fis-
cal year ending September 30, 1992, and hereafter, for mak-