[Congressional Record Volume 142, Number 13 (Wednesday, January 31, 1996)]
[House]
[Pages H1006-H1046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  CONFERENCE REPORT ON H.R. 2546, DISTRICT OF COLUMBIA APPROPRIATIONS 
                               ACT, 1996

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 2546) making appropriations for the 
government of the District of Columbia and other activities chargeable 
in whole or in part against the revenues of said District for the 
fiscal year ending September 30, 1996, and for other purposes:

                  Conference Report (H. Rept. 104-455)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2546) ``making appropriations for the government of the 
     District of Columbia and other activities chargeable in whole 
     or in part against the revenues of said District for the 
     fiscal year ending September 30, 1996, and for other 
     purposes,'' having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the 
     Government of the District of Columbia for the fiscal year 
     ending September 30, 1996, and for other purposes, namely:

                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 authorized by 
     section 502(a) of the District of Columbia Self-Government 
     and Governmental Reorganization Act, Public Law 93-198, as 
     amended (D.C. Code, sec. 47-3406.1).

                Federal Contribution to Retirement Funds

       For the Federal contribution to the Police Officers and 
     Fire Fighters', Teachers', and Judges' Retirement Funds, as 
     authorized by the District of Columbia Retirement Reform Act, 
     approved November 17, 1979 (93 Stat. 866; Public Law 96-122), 
     $52,070,000.

              Federal Contribution for Educational 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:
     
[[Page H1007]]

       $200,000 shall be available for payments to charter 
     schools;
       $300,000 shall be available for Public Charter School 
     Board;
       $2,000,000 shall be transferred directly, notwithstanding 
     any other provision of law, to the United States Department 
     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 curriculum, 
     content standards, and assessments;
       $500,000 shall be available for payment to the 
     Administrator of the General Services Administration for the 
     costs of developing engineering plans for donated work on 
     District of Columbia public school facilities;
       $100,000 shall be available to develop a plan for a 
     residential school;
       $860,000 shall be available for the District Education and 
     Learning Technologies Advancement Council;
       $1,450,000 shall be available to the District Employment 
     and Learning Center;
       $1,000,000 shall be available for a professional 
     development program for teachers and administrators 
     administered 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 program: 
     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 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;
       $250,000 shall be transferred directly, notwithstanding any 
     other provision of law, to the United States Department of 
     Education to carry out the evaluation of the scholarship 
     program as provided for in Subtitle N of title II of this 
     Act;
       $400,000 shall be available to the District of Columbia 
     Public Schools to improve security (such as installing 
     electronic door locking devices) at such schools, including 
     at a minimum the following schools: Winston Education Center; 
     McKinley High School; Ballou High School; and Cardozo High 
     School; and
       $5,000,000 shall be available for scholarships for low-
     income students and shall not be disbursed by the Authority 
     until the Authority receives a certification from the 
     District of Columbia Scholarship Corporation that the 
     proposed allocation between the tuition scholarships and 
     enhanced achievement scholarships has been approved by the 
     Council of the District of Columbia consistent with the 
     Scholarship Corporation's most recent proposal concerning the 
     implementation of the low-income scholarship program. These 
     funds shall lapse and be returned by the Authority to the 
     U.S. Treasury on September 30, 1996, if the required 
     certification from the Scholarship Corporation is not 
     received by July 1, 1996: Provided, That no funds provided 
     under this heading may be used for any indirect cost charges 
     of the District of Columbia Board of Education, the District 
     of Columbia Public Schools or the District of Columbia 
     government.

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided.

                   Governmental Direction and Support

       Governmental direction and support, $149,130,000 and 1,498 
     full-time equivalent positions (end of year) (including 
     $117,464,000 and 1,158 full-time equivalent positions from 
     local funds, $2,464,000 and 5 full-time equivalent 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 official purposes: 
     Provided, further, That any program fees collected from the 
     issuance of debt shall be available for the payment of 
     expenses of the debt management program of the District of 
     Columbia: Provided further, That no revenues from Federal 
     sources shall be used to support the operations or activities 
     of the Statehood Commission and Statehood Compact Commission: 
     Provided further, That the District of Columbia shall 
     identify the sources of funding for Admission to Statehood 
     from its own locally-generated revenues: 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 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 installation of new 
     software, conversion, testing and training: Provided, 
     further, That the $26,000,000 shall not be obligated or 
     expended until: (1) the District of Columbia Financial 
     Responsibility and Management Assistance Authority submits a 
     report to the Committees on Appropriations of the House and 
     the Senate, the Committee on Governmental Reform and 
     Oversight of the House, and the Committee on Governmental 
     Affairs of the Senate reporting the results of a needs 
     analysis and assessment of the existing financial management 
     environment, specifying the deficiencies in, and recommending 
     necessary improvements to or replacement of the District's 
     financial management system including a detailed explanation 
     of each recommendation and its estimated cost; and (2) 30 
     days lapse after receipt 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) (including 
     $68,203,000 and 698 full-time equivalent positions from local 
     funds, $38,792,000 and 509 full-time equivalent 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 administrative costs plus interest at a 
     rate of four percent per annum for a term of 15 years, with a 
     deferral of payments for the first three years: Provided 
     further, That notwithstanding the foregoing provision, the 
     obligation to repay all or part of the amounts due shall be 
     subject to the rights of the owners of any bonds or notes 
     issued by the Housing Finance Agency and shall be repaid to 
     the District of Columbia government only from available 
     operating revenues of the Housing Finance Agency that are in 
     excess of the amounts required for debt service, reserve 
     funds, and operating expenses: Provided further, That upon 
     commencement of the debt service payments, such payments 
     shall be deposited into the general fund of the District of 
     Columbia.

                       Public Safety and Justice

       Public safety and justice, including purchase of 135 
     passenger-carrying vehicles for replacement only, including 
     130 for police-type use and five for fire-type use, without 
     regard to the general purchase price limitation for the 
     current fiscal year, $963,848,000 and 11,544 full-time 
     equivalent 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 Federal 
     funds, $5,160,000 and 4 full-time equivalent positions from 
     other funds, and $9,115,000 and 105 full-time equivalent 
     positions from intra-District funds): Provided, That the 
     Metropolitan Police Department is authorized to replace not 
     to exceed 25 passenger-carrying vehicles and the Fire 
     Department of the District of Columbia is authorized to 
     replace not to exceed five passenger-carrying vehicles 
     annually whenever the cost of repair to any damaged vehicle 
     exceeds 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 Metropolitan Police Department shall provide quarterly 
     reports to the Committees on Appropriations of the House and 
     Senate on efforts to increase efficiency and improve the 
     professionalism in the department: Provided further, That 
     notwithstanding any other provision of law, or Mayor's Order 
     86-45, issued March 18, 1986, the Metropolitan Police 
     Department's delegated small purchase authority shall be 
     $500,000: Provided further, That the District of Columbia 
     government may not require the Metropolitan Police Department 
     to submit to any other procurement review process, or to 
     obtain the approval of or be restricted in any manner by any 
     official or employee of the District of Columbia government, 
     for purchases that do not exceed $500,000: Provided further, 
     That $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 Detail; and $100,000 is used for the 
     Capitol Hill Summer Detail: Provided further, That the 
     Metropolitan Police Department shall employ an authorized 
     level of sworn officers not to be less than 3,800 sworn 
     officers for the fiscal year ending September 30, 1996: 
     Provided further, That funds appropriated for expenses under 
     the District of Columbia Criminal Justice Act, approved 
     September 3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. 
     Code, sec. 11-2601 et seq.), for the fiscal year ending 
     September 30, 1996, shall be available for obligations 
     incurred under the Act in each fiscal year since inception in 
     the fiscal year 1975: Provided further, That funds 
     appropriated for expenses under the District of Columbia 
     Neglect Representation Equity Act of 1984, effective March 
     13, 1985 (D.C. Law 5-129; D.C. Code, sec. 16-2304), for the 
     fiscal year ending September 30, 1996, shall be available for 
     obligations incurred under the Act in each fiscal year since 
     inception in the fiscal year 1985: Provided further, That 
     funds appropriated for expenses under the District of 
     Columbia Guardianship, Protective 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 District of Columbia, and $1,500 for the 
     Executive Officer of the District of Columbia Courts shall be 
     available from this appropriation for official purposes: 
     Provided further, That the District of Columbia shall operate 
     and maintain a 

[[Page H1008]]
     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: Provided 
     further, That the District of Columbia government shall also 
     take steps to publicize the availability of the 24-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 District 
     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 Columbia 
     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 advance for 
     emergency services involved.

                        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) (including 
     $676,251,000 and 9,996 full-time equivalent positions from 
     local funds, $87,385,000 and 1,227 full-time equivalent 
     positions from Federal funds, $21,719,000 and 234 full-time 
     equivalent positions from other funds, and $9,846,000 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 positions from other 
     funds, and $2,557,000 and 51 full-time equivalent positions 
     from intra-District funds), for the public schools of the 
     District of Columbia; $111,800,000 (including $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 $45,388,000 and 572 full-time equivalent 
     positions from local funds, $10,611,000 and 156 full-time 
     equivalent positions from Federal funds, $16,922,000 and 189 
     full-time equivalent positions from other funds, and 
     $6,486,000 and 162 full-time equivalent positions from intra-
     District funds) for the University of the District of 
     Columbia; $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 positions (including $1,725,000 and 2 
     full-time equivalent positions from local funds and $542,000 
     and 7 full-time equivalent 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 education program: Provided further, That not to 
     exceed $2,500 for the Superintendent of Schools, $2,500 for 
     the President of the University of the District of Columbia, 
     and $2,000 for the Public Librarian shall be available from 
     this appropriation for expenditures for official purposes: 
     Provided further, That this appropriation shall not be 
     available to subsidize the education of nonresidents of the 
     District of Columbia at the University of the District of 
     Columbia, unless the Board of Trustees of the University of 
     the District of Columbia adopts, for the fiscal year ending 
     September 30, 1996, a tuition rate schedule that will 
     establish the tuition rate for nonresident students at a 
     level no lower than the nonresident tuition rate charged at 
     comparable public institutions of higher education in the 
     metropolitan area.

                            Education Reform

       Education reform, $14,930,000, to be allocated as follows:
       $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, notwithstanding 
     any other provision of law, to the United States Department 
     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 curriculum, 
     content standards, and assessments as authorized under 
     Subtitle D of title II of this Act;
       $500,000 shall be available for payment to the 
     Administrator of the General Services Administration for the 
     costs of developing engineering plans for donated work on 
     District of Columbia public school facilities as authorized 
     under Subtitle F of title II of this Act;
       $100,000 shall be available to develop a plan for a 
     residential 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 authorized under 
     Subtitle I of title II of this Act;
       $1,450,000 shall be available to the District Employment 
     and Learning Center as authorized under Subtitle I of title 
     II of this Act;
       $1,000,000 shall be available for a professional 
     development program for teachers and administrators 
     administered 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 program;
       $100,000 shall be available for the Fit Kids program;
       $250,000 shall be transferred directly, notwithstanding any 
     other provision of law, to the United States Department of 
     Education to carry out the evaluation of the scholarship 
     program as provided for in Subtitle N of title II of this 
     Act;
       $400,000 shall be available to the District of Columbia 
     Public Schools to improve security (such as installing 
     electronic door locking devices) at such schools, including 
     at a minimum the following schools: Winston Education Center; 
     McKinley High School; Ballou High School; and Cardozo High 
     School; and
       $5,000,000 shall be paid to the District of Columbia 
     Scholarship Corporation authorized under Subtitle N of title 
     II of this Act for scholarships for low-income students:

     Provided, That the District of Columbia government shall 
     enter into negotiations with Gallaudet University to 
     transfer, at a fair market value rate, Hamilton School from 
     the District of Columbia to Gallaudet University with the 
     proceeds, if such a sale takes place, deposited into the 
     general fund of the District and used to improve public 
     school facilities in the same ward as the Hamilton School.

                         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 equivalent 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 compensation: 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 shelter 
     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-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and purchase of passenger-carrying vehicles for replacement 
     only, $297,568,000 and 1,914 full-time equivalent positions 
     (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 establishment of a 
     modern, adequate, and efficient hospital center 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 Capital City, approved June 6, 
     1958 (72 Stat. 183; Public Law 85-451; D.C. Code, sec. 9-
     219); section 4 of An Act to authorize the Commissioners of 
     the District of Columbia to plan, construct, operate, and 
     maintain a sanitary sewer to connect the Dulles International 
     Airport with the District of Columbia system, approved June 
     12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 
     743(f) of the District of Columbia Self-Government and 
     Governmental Reorganization Act of 1973, approved December 
     24, 1973, as amended (87 Stat. 821; Public Law 93-198; D.C. 
     Code, sec. 47-321, note; 91 Stat. 1156; Public Law 95-131; 
     D.C. Code, sec. 9-219, note), including interest as required 
     thereby, $327,787,000 from local funds. 
     
[[Page H1009]]


                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $38,678,000 from local funds, as authorized by 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.

             Pay Renegotiation or Reduction in Compensation

       The Mayor shall reduce appropriations and expenditures for 
     personal services in the amount of $46,409,000, by decreasing 
     rates of compensation for District government employees; such 
     decreased rates are to be realized from employees who are 
     subject to collective bargaining agreements to the extent 
     possible through the renegotiation of existing collective 
     bargaining agreements: Provided, That, if a sufficient 
     reduction from employees who are subject to collective 
     bargaining agreements is not realized through renegotiating 
     existing agreements, the Mayor shall decrease rates of 
     compensation for such employees, notwithstanding the 
     provisions of any collective bargaining agreements: Provided 
     further, That the Congress hereby ratifies and approves 
     legislation enacted by the council of the District of 
     Columbia during fiscal year 1995 to reduce the compensation 
     and benefits of all employees of the District of Columbia 
     government during that fiscal year: Provided further, That 
     notwithstanding any other provision of law, the legislation 
     enacted by the Council of the District of Columbia during 
     fiscal year 1995 to reduce the compensation and benefits of 
     all employees of the District of Columbia government during 
     that fiscal year shall be deemed to have been ratified and 
     approved by the Congress during fiscal year 1995.

                             Rainy Day fund

       For mandatory unavoidable expenditures within one or 
     several of the various appropriation headings of this Act, to 
     be allocated to the budgets for personal services and 
     nonpersonal services as requested by the Mayor and approved 
     by the Council pursuant to the procedures in section 4 of the 
     Reprogramming Policy Act of 1980, effective September 16, 
     1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000 
     from local funds: Provided, That the District of Columbia 
     shall provide to the Committees on Appropriations of the 
     House of Representatives and the Senate quarterly reports by 
     the 15th day of the month following the end of the quarter 
     showing how monies provided under this fund are expended with 
     a final report providing a full accounting of the fund due 
     October 15, 1996 or not later than 15 days after the last 
     amount remaining in the fund is disbursed.

                        Incentive Buyout Program

       For the purpose of funding costs associated with the 
     incentive buyout program, to be apportioned by the Mayor of 
     the District of Columbia within the various appropriation 
     headings in this Act from which costs are properly payable, 
     $19,000,000.

                         Outplacement Services

       For the purpose of funding outplacement services for 
     employees who leave the District of Columbia government 
     involuntarily, $1,500,000.

                         Boards and Commissions

       The Mayor shall reduce appropriations and expenditures for 
     boards and commissions under the various headings in this Act 
     in the amount of $500,000.

                   Government Re-Engineering Program

       The Mayor shall reduce appropriations and expenditures for 
     personal and nonpersonal services in the amount of 
     $16,000,000 within one or several of the various 
     appropriation 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 District 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 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 limitations established under the Financial 
     Management System: Provided further, That all funds provided 
     by this appropriation title shall be available only for the 
     specific projects and purposes intended: Provided further, 
     That notwithstanding 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 
     provided by this appropriation title, shall expire on 
     September 30, 1997, except authorizations for projects as to 
     which funds have been obligated in whole or in part prior to 
     September 30, 1997: Provided further, That upon expiration of 
     any such project authorization the funds provided herein for 
     the project shall lapse.

                    Water and Sewer Enterprise Fund

       For the Water and Sewer Enterprise Fund, $242,253,000 and 
     1,024 full-time equivalent positions (end-of-year) (including 
     $237,076,000 and 924 full-time equivalent 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 apportioned and payable 
     to the debt service fund for repayment of loans and interest 
     incurred for capital improvement projects.
       For construction projects, $39,477,000 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.

              Lottery and Charitable Games Enterprise Fund

       For the Lottery and Charitable Games Enterprise Fund, 
     established by the District of Columbia Appropriation Act for 
     the fiscal year ending September 30, 1982, approved December 
     4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, 
     for the purpose of implementing the Law to Legalize 
     Lotteries, Daily Numbers Games, and Bingo and Raffles for 
     Charitable Purposes in the District of Columbia, effective 
     March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et 
     seq. and 22-1516 et seq.), $229,950,000 and 88 full-time 
     equivalent positions (end-of-year) (including $7,950,000 and 
     88 full-time equivalent positions 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: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board.

                    Cable Television Enterprise Fund

       For the Cable Television Enterprise Fund, established by 
     the Cable Television Communications Act of 1981, effective 
     October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et 
     seq.), $2,351,000 and 8 full-time equivalent positions (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 exercise of its 
     powers granted by An Act To Establish A District of Columbia 
     Armory Board, and for other purposes, approved June 4, 1948 
     (62 Stat. 339; D.C. Code, sec. 2-301 et seq.) and the 
     District of Columbia Stadium Act of 1957, approved September 
     7, 1957 (71 Stat. 619; 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, established 
     by Reorganization Order No. 57 of the Board of Commissioners, 
     effective August 15, 1953, $115,034,000, of which $56,735,000 
     shall be derived by transfer as intra-District funds from the 
     general fund, $52,684,000 is to be derived 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 expenditures of all 
     funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an item 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 Establishment 
     Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
     622), $10,516,000 and 66 full-time equivalent positions (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). 
     
[[Page H1010]]


              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 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), $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 expenditures 
     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 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 public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 102. Except as otherwise provided in this Act, all 
     vouchers covering expenditures of appropriations contained 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.
       Sec. 104. Appropriations in this Act shall be available, 
     when authorized by the Mayor, for allowances for privately 
     owned automobiles and motorcycles used for the performance of 
     official duties at rates established by the Mayor: Provided, 
     That such rates shall not exceed the maximum prevailing rates 
     for such vehicles as prescribed in the Federal Property 
     Management Regulations 101-7 (Federal Travel Regulations).
       Sec. 105. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That the Council of the District of Columbia and the District 
     of Columbia Courts may expend such funds without 
     authorization by the Mayor.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 107. Appropriations in this Act shall be 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-Federal share 
     of funds necessary to qualify for Federal assistance under 
     the Juvenile Delinquency Prevention and Control Act of 1968, 
     approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42 
     U.S.C. 3801 et seq.).
       Sec. 108. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 109. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 110. The annual budget for the District of Columbia 
     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.
       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 Committees 
     on Appropriations, the House Committee on Government Reform 
     and Oversight, District of Columbia Subcommittee, the 
     Subcommittee on Oversight of Government Management, of the 
     Senate Committee on Governmental Affairs, 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 government whose name 
     and salary are not available for public inspection.
       Sec. 112. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977, effective September 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.
       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 reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 115. The Mayor shall not borrow any funds for capital 
     projects unless the Mayor has obtained prior approval from 
     the Council of the District of Columbia, by resolution, 
     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 granted according to 
     the procedure set forth in the Joint Explanatory Statement of 
     the Committee of Conference (House Report No. 96-443), which 
     accompanied the District of Columbia 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, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et 
     seq.): Provided, 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 Environmental Protection 
     Agency estimated miles per gallon average of less than 22 
     miles per gallon: Provided, That this section shall not apply 
     to security, emergency rescue, or armored vehicles.
       Sec. 120. (a) Notwithstanding section 422(7) of the 
     District of Columbia Self-Government and Governmental 
     Reorganization Act of 1973, approved December 24, 1973 (87 
     Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(7)), the 
     City Administrator shall be paid, during any fiscal year, a 
     salary at a rate established by the Mayor, not to exceed the 
     rate established for level IV of the Executive Schedule under 
     5 U.S.C. 5315.
       (b) For purposes of applying any provision of law limiting 
     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 position for any 
     period during the last quarter of calendar year 1995 shall be 
     deemed to be the rate of pay payable for that position for 
     September 30, 1995.
       (c) Notwithstanding section 4(a) of the District of 
     Columbia Redevelopment Act of 1945, approved August 2, 1946 
     (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), 
     the Board of Directors of the District of Columbia 
     Redevelopment Land Agency shall be paid, 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 
     Columbia Self-Government and Governmental Reorganization Act 
     of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 
     93-198; D.C. Code, sec. 1-242(3)), shall apply with respect 
     to the compensation of District of Columbia employees: 
     Provided, That for pay purposes, employees of the District of 
     Columbia government shall not be subject to the provisions of 
     title 5 of the United States Code.
       Sec. 122. The Director of the Department of Administrative 
     Services may pay rentals and repair, alter, and improve 
     rented premises, without regard to the provisions of section 
     322 of the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 
     278a), upon a determination by the Director, that by reason 
     of circumstances set forth in such determination, the payment 
     of these rents and the 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 request for 
     the fiscal year ending September 30, 1997. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 124. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without 

[[Page H1011]]
     opening that contract to the competitive bidding process as set forth 
     in section 303 of the District of Columbia Procurement 
     Practices Act of 1985, effective February 21, 1986 (D.C. Law 
     6-85; D.C. Code, sec. 1-1183.3), except that the District of 
     Columbia Public Schools may renew or extend sole source 
     contracts for which competition is not feasible or practical, 
     provided that the determination as to whether to invoke the 
     competitive bidding process has been made in accordance with 
     duly promulgated 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 synonymous with 
     and refer specifically to each account appropriating 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 sequestration 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, approved December 12, 
     1985 (99 Stat. 1037; Public Law 99-177), as amended.
       Sec. 126. In the event of a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, approved December 12, 1985 (99 Stat. 1037: 
     Public Law 99-177), as amended, after the amounts 
     appropriated to the District of Columbia for the fiscal year 
     involved have been paid to the District of Columbia, the 
     Mayor of the District of Columbia shall pay to the Secretary 
     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 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985, 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-Government 
     and Governmental Reorganization Act of 1973, approved 
     December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. 
     Code, sec. 1-242(12)) and the Governmental Reorganization 
     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 independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 130. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979, 
     effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
     113(d)).

             Prohibition Against Use of Funds for Abortions

       Sec. 131. 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, including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis that such benefits are extended 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 Disabilities 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 Reorganization Act, 
     approved December 24, 1973 (87 Stat. 813; Public Law 93-198; 
     D.C. Code, secs. 11-1524 and title 11, App. 433), are amended 
     to read as follows:
       (a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to 
     read as follows:
       ``(f) Members of the Tenure Commission shall serve without 
     compensation for services rendered in connection with their 
     official duties on the Commission.''.
       (b) Section 433(b)(5) (title 11, App. 433) is amended to 
     read as follows:
       ``(5) Members of the Commission shall serve without 
     compensation for services rendered in connection with their 
     official duties on the Commission.''.

                          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 contracts 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 
     continuation 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 procurement of 
     the type of acquisition covered by the contract, and not 
     otherwise obligated; or
       ``(C) funds appropriated for those payments.
       ``(3) No contract entered into under this section shall be 
     valid unless the Mayor submits the contract to the Council 
     for its approval and the Council approves the contract (in 
     accordance with criteria established by act of the Council). 
     The Council shall be required to take affirmative action to 
     approve the contract within 45 days. If no action is taken to 
     approve the contract within 45 calendar days, the contract 
     shall be deemed disapproved.''.

  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 
     taxation 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:
       ``(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 striking 
     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 executive 
     for unallocated reductions; and
       (4) a list of any position that is backfilled including 
     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 center, agency reporting code, 
     and object class, and for all funds, including capital 
     financing;
       (2) a breakdown of FTE positions and staff for the most 
     current pay period broken out on the basis of control center, 
     responsibility center, and agency reporting code within each 
     responsibility center, for all funds, including capital 
     funds;
       (3) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and agency reporting 
     code, and for all funding sources;
     
[[Page H1012]]

       (4) a list of all active contracts in excess of $10,000 
     annually, which contains; the name of each contractor; the 
     budget to which the contract is charged broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by the 
     D.C. Public Schools; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, 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 organizational 
     structure of the D.C. Public Schools, displaying previous and 
     current control centers and responsibility centers, the names 
     of the organizational entities that have been changed, the 
     name of the staff member supervising each entity affected, 
     and the reasons 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 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 center, and object class, and 
     for all funds, including capital financing;
       (2) a breakdown of FTE positions and all employees 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 responsibility 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, renewals; and specific modifications made to each 
     contract 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 organizational 
     structure of the University of the District of Columbia, 
     displaying previous and current control centers and 
     responsibility centers, the names of the organizational 
     entities that have been changed, the name of the staff member 
     supervising each entity affected, 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 positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the 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 District 
     of Columbia Appropriations Act, 1996, whichever occurs later, 
     and each succeeding year, the Board of Education and the 
     University of the District of Columbia shall submit to the 
     Congress, the Mayor, and Council of the District of Columbia, 
     a revised appropriated funds operating budget for the public 
     school system and the University of the District of Columbia 
     for such fiscal year that is in the total amount of the 
     approved appropriation and that realigns budgeted data for 
     personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the Board of Education and the University of the District 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 for inclusion in the Mayor's budget 
     submission to the Council of the District of Columbia 
     pursuant to section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act, Public Law 
     93-198, as amended (D.C. Code, sec. 47-301).

                            Budget Approval

       Sec. 142. The Board of Education the Board of Trustees of 
     the University of the District of Columbia, the Board of 
     Library Trustees, and the Board of Governors of the D.C. 
     School of Law shall vote on and approve their respective 
     annual or revised budgets before submission to the Mayor of 
     the District of Columbia for inclusion in the Mayor's budget 
     submission to the Council of the District of Columbia in 
     accordance with section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act, 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 employees 
     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 appropriations 
     authorized by this Act, which is vacant on October 1, 1995, 
     or becomes vacant between October 1, 1995, and September 30, 
     1996, unless the Mayor or independent agency submits a 
     proposed resolution of intent to fill the vacant position to 
     the Council. The Council shall be required to take 
     affirmative action on the Mayor's resolution within 30 
     legislative days. If the Council does not affirmatively 
     approve the resolution within 30 legislative days, the 
     resolution shall be deemed disapproved.
       (b) No reduction in the number of full-time equivalent 
     positions or reduction-in-force due to privatization or 
     contracting out shall occur if the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     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 
     personnel authority from filling a vacant position with a 
     District 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 Comprehensive 
     Merit Personnel Act of 1978, effective March 3, 1979 (D.C. 
     Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as 
     follows:
       (a) Section 301 (D.C. Code, sec. 1-603.1) is amended as 
     follows:
       (1) A new paragraph (13A) is added to read as follows:
       ``(13A) `Nonschool-based personnel' means any employee of 
     the District of Columbia Public Schools who is not based at a 
     local school or who does not provide direct services to 
     individual students.''.
       (2) A new paragraph (15A) is added to read as follows:
       ``(15A) `School administrators' means principals, assistant 
     principals, school program directors, coordinators, 
     instructional supervisors, and support personnel of the 
     District of Columbia Public Schools.''.
       (b) Section 801A(b)(2) (D.C. Code, sec. 1-609.1(b)(2)) is 
     amended by adding a new 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 administrators to 
     be assigned or reassigned to the same competitive level as 
     classroom teachers;''
       (c) Section 2402 (D.C. Code, sec. 1-625.2) is amended by 
     adding a new subsection (f) to read as follows:
       ``(f) Notwithstanding any other provision of law, the Board 
     of Education shall not require or permit nonschool-based 
     personnel or school administrators to be assigned or 
     reassigned to the same competitive level as classroom 
     teachers.''.
       Sec. 146. (a) Notwithstanding any other provision of law, 
     rule, or regulation, an employee of the District of Columbia 
     Public Schools shall be--
       (1) classified as an Educational Service employee;
       (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 purposes.
       Sec. 147. None of the funds provided in this Act may be 
     used directly or indirectly for the renovation of the 
     property 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 Management 
     Assistance Authority, and the Committees on Appropriations of 
     the House of Representatives and the Senate a report with 
     respect to the employees on the capital project budget for 
     the previous quarter.
     
[[Page H1013]]

       (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 Comprehensive 
     Merit Personnel Act of 1978, effective March 3, 1979 (D.C. 
     Law 2-139; D.C. Code, sec. 1-601.1 et seq.), is amended as 
     follows:
       (a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by 
     amending the third sentence to read as follows: ``A personnel 
     authority may establish lesser competitive areas within an 
     agency on the basis of all or a clearly identifiable segment 
     of an agency's mission or a division or major subdivision of 
     an agency.''.
       (b) A new section 2406 is added to read as follows:
       ``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
       ``(a) Notwithstanding any other provision of law, 
     regulation, or collective bargaining agreement either in 
     effect or to be negotiated while this legislation is in 
     effect for the fiscal year ending September 30, 1996, each 
     agency head is authorized, within the agency head's 
     discretion, to identify positions for abolishment.
       ``(b) Prior to February 1, 1996, each personnel authority 
     shall make a final determination that a position within the 
     personnel authority is to be abolished.
       ``(c) Notwithstanding any rights or procedures established 
     by any other provision of this title, any District government 
     employee, regardless of date of hire, who encumbers a 
     position identified for abolishment shall be separated 
     without competition or assignment rights, except as provided 
     in this section.
       ``(d) An employee affected by the abolishment of a position 
     pursuant to this section who, but for this section would be 
     entitled to compete for retention, shall be entitled to 1 
     round of lateral competition pursuant to Chapter 24 of the 
     District of Columbia Personnel Manual, which shall be limited 
     to positions in the employee's competitive level.
       ``(e) Each employee who is a bona fide resident of the 
     District of Columbia shall have added 5 years to his or her 
     creditable service for reduction-in-force purposes. For 
     purposes of this subsection only, a nonresident District 
     employee who was hired by the District government prior to 
     January 1, 1980, and has not had a break in service since 
     that date, or a former employee of the U.S. Department of 
     Health and Human Services at Saint 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 specific 
     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 contesting a 
     determination or a separation pursuant to title XV of this 
     Act or section 303 of the Human Rights Act of 1977, effective 
     December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543); 
     and
       ``(2) an employee may file with the Office of Employee 
     Appeals an appeal contesting that the separation procedures 
     of subsections (d) and (f) of this section were not properly 
     applied.
       ``(h) An employee separated pursuant to this section shall 
     be entitled to severance pay in accordance with title XI of 
     this Act, except that the following shall be included in 
     computing creditable service for severance pay for employees 
     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 affect 
     an employee's rights under either the Agency Reemployment 
     Priority Program or the Displaced Employee Program 
     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 termination 
     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 
     termination notice to be served, no later than September 1, 
     1996, 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 Expenses.--
     Notwithstanding any other provision of law, the total amount 
     appropriated in this Act for operating expenses 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 9a), the Mayor 
     of the District of Columbia may accept, 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 management 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 District submits to 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority established by Public Law 
     104-8 (109 Stat. 97) a report setting forth detailed 
     information regarding such grant; and
       (B) the District of Columbia Financial Responsibility and 
     Management Assistance Authority has reviewed and approved the 
     acceptance, obligation, and expenditure of such grant in 
     accordance 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 obligated 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 Federal, private, and 
     other grants subject to this subsection. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives 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 Correctional 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 operated under 
     the management of the Federal government;
       (4) a plan under which the Complex will be operated under 
     private management; and
       (5) such other plans as the District of Columbia considers 
     appropriate.
       (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 alternative 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, construction, and operation of 
     correctional facilities for the District.
       (3) The plan shall include a description of any legislation 
     required to implement 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 Financial Responsibility and 
     Management Assistance Authority describing the actions taken 
     by the District under the plan, and in addition shall 
     regularly report to the President, Congress, and the District 
     of Columbia Financial Responsibility and Management 
     Assistance 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 financial plan 
     and budget for the District of Columbia for the year under 
     subtitle A of title II of the District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995.
       (c) Submission of Plan.--Upon completing the development of 
     the plans under subsection (a), the District of Columbia 
     shall submit the plans to the President, Congress, and the 
     District of Columbia Financial Responsibility 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:
       ``(b)(1) Except as provided in paragraph (2), no person 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 

[[Page H1014]]
     Columbia Financial Responsibility and Management Assistance Act of 1995 
     is amended by striking ``may provide'' and inserting ``shall 
     promptly provide''.
       (b) Availability of Certain Federal Benefits for 
     Individuals Who Become Employed by the Authority.--
       (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--
       ``(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 Government, 
     subject to paragraph (3); and
       ``(B) shall, if such employee subsequently becomes 
     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 paragraph (1)(A)--
       ``(A) shall qualify such individual for the treatment 
     describe in such provisions for purposes of--
       ``(i) chapter 83 or 84 of title 5, United States Code, as 
     appropriate (relating to retirement), including the Thrift 
     Savings Plan;
       ``(ii) chapter 87 of such title (relating to life 
     insurance); and
       ``(iii) chapter 89 of such title (relating to health 
     insurance); and
       ``(B) shall disqualify such individual, while such election 
     remains in effect, from participating in the programs offered 
     by the government of the District of Columbia (if any) 
     corresponding to the respective programs referred to in 
     subparagraph (A).
       ``(3) Conditions for an election to be effective.--An 
     election made by an individual under paragraph (1)(A) shall 
     be ineffective unless--
       ``(A) it is made before such individual separates from 
     service with the Federal Government; and
       ``(B) such individual's service with the Authority 
     commences within 3 days after so separating (not counting any 
     holiday observed by the government of the District of 
     Columbia).
       ``(4) Contributions.--If an individual makes an election 
     under paragraph (1)(A), the Authority shall, in accordance 
     with applicable provisions of law referred to in paragraph 
     (2)(A), be responsible for making the same deductions from 
     pay and the same agency contributions as would be required if 
     it were a Federal agency.
       ``(5) Regulations.--Any regulations necessary to carry out 
     this subsection shall be prescribed in consultation 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 following:
       ``(f) Federal Benefits for Others.--
       ``(1) In general.--The Office of personnel Management, in 
     conjunction with each corresponding office or agency of the 
     government of the District of Columbia and in consultation 
     with the Authority, shall prescribe regulations under which 
     any individual who becomes employed by the Authority (under 
     circumstances other than as described in subsection (e)) may 
     elect either--
       ``(A) to be deemed a Federal employee for purposes of the 
     programs referred to in subsection (e)(2)(A) (i)-(iii); or
       ``(B) to participate in 1 or more of the corresponding 
     programs offered by the government of the District of 
     Columbia.
       ``(2) Effect of an election.--An individual who elects the 
     option under subparagraph (A) or (B) of paragraph (1) shall 
     be disqualified, while such election remains in effect, from 
     participating in any of the programs referred to in the other 
     such subparagraph.
       ``(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 
     administering the corresponding program (if any) offered by 
     the government of the District of Columbia.
       ``(4) Thrift savings plan.--To the extent that the Thrift 
     Savings Plan is involved, the preceding provisions of this 
     subsection shall be applied by substituting `the Executive 
     Director referred to in section 8474 of title 5, United 
     States Code' for `the Office of Personnel Management'.''.
       ``(3) Effective date; additional election for former 
     federal employees serving on date of enactment; election for 
     employees appointed during interim period.--
       ``(A) Effective date.--Not later than 6 months after the 
     date of enactment of this Act, there shall be prescribed in 
     consultation with the Authority (and take effect)--
       ``(i) regulations to carry out the amendments made by this 
     subsection; and
       ``(ii) any other regulations necessary to carry out this 
     subsection.
       ``(B) Additional election for former federal employees 
     serving on date of enactment.--
       ``(i) In general.--Any former Federal employee employed by 
     the Authority on the effective date of the regulations 
     referred to in subparagraph (A)(i) may, within such period as 
     may be provided for under those regulations, make an election 
     similar, to the maximum extent practicable, to the election 
     provided for under section 102(e) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995, as amended by this subsection. Such regulations shall 
     be prescribed jointly by the Office of Personnel Management 
     and each corresponding office or agency of the government of 
     the District of Columbia (in the same manner as 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 employees (disregarding Social Security); or
       ``(II) is then participating in any program of the 
     government of the District of Columbia referred to in section 
     102(e)(2)(B) of such Act (as so amended).

       (C) Election for employees appointed during interim 
     period.--
       (i) From the federal government.--Subsection (e) of section 
     102 of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995 (as last in effect before 
     the date of enactment of this Act) shall be deemed to have 
     remained in effect for purposes of any Federal employee who 
     becomes employed by the District of Columbia Financial 
     Responsibility and Management Assistance Authority during the 
     period beginning on such date of enactment and ending on the 
     day before the effective date of the regulations prescribed 
     to carry out subparagraph (B).
       (ii) Other individuals.--The regulations 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 District of Columbia Financial 
     Responsibility and Management Assistance Authority during the 
     period beginning on the date of enactment of this Act and 
     ending on the day before the effective date of such 
     regulations;
       (II) would have been eligible to make an election under 
     such regulations had those regulations been in effect when 
     such individual became so employed; and
       (III) is not then participating in any program of the 
     government of the District of Columbia referred to in 
     subsection (f)(1)(B) of such section 102 (as so amended).

       (c) Exemption From Liability for Claims for Authority 
     Employees.--Section 104 of such Act is amended--
       (1) by striking ``the Authority and its 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 Legislation.--Section 
     203(a)(3) of such Act is amended by striking subparagraph 
     (C).

     Establishment of Exclusive Accounts for Blue Plains Activities

       Sec. 154. (a) Operation and Maintenance Account.--
       (1) Contents of account.--There is hereby established 
     within the Water and Sewer Enterprise Fund the Operation and 
     Maintenance Account, consisting 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 operation 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 related 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 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 assessed 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 established 
     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 Environmental 
     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 purposes specified under 
     the terms of the grants and appropriations involved, and may 
     not be obligated or expended for any other purpose.
       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, 

[[Page H1015]]
     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''.

     SEC. 2002. DEFINITIONS.

       Except as otherwise provided, for purposes of this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' 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 Educational Opportunities 
     of the House of Representatives 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 Financial Responsibility and Management 
     Assistance Act of 1995 (Public Law 104-8).
       (3) Average daily attendance.--The term ``average daily 
     attendance'' means the aggregate attendance 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.
       (4) Average daily membership.--The term ``average daily 
     membership'' means the aggregate enrollment 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 District of Columbia.
       (6) Board of trustees.--The term ``Board of Trustees'' 
     means the governing board of a public charter school, the 
     members of which are selected pursuant to the charter granted 
     to the school and in a manner consistent with this title.
       (7) Consensus commission.--The term ``Consensus 
     Commission'' means the Commission on Consensus Reform in the 
     District of Columbia public schools established under 
     subtitle L.
       (8) Core curriculum.--The term ``core curriculum'' 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 section 401 of the District 
     of Columbia Self-Government and Governmental Reorganization 
     Act (D.C. Code, sec. 1-221).
       (10) District of columbia government.--
       (A) In general.--The term ``District of Columbia 
     Government'' means the government of the District of 
     Columbia, including--
       (i) any department, agency, or instrumentality 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 Reorganization Act;
       (iii) any other agency, board, or commission established by 
     the Mayor or the District of Columbia Council;
       (iv) the courts of the District of Columbia;
       (v) the District of Columbia Council; and
       (vi) any other agency, public authority, 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 loaning of funds to the 
     District of Columbia).
       (B) Exception.--The term ``District of Columbia 
     Government'' neither includes the Authority nor a public 
     charter school.
       (11) District of columbia government retirement 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.--
       (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 prekindergarten through 
     grade 12; or
       (ii) leading to a secondary school diploma, or its 
     recognized equivalent.
       (B) Exception.--The term ``District of Columbia public 
     school'' does not include a public charter school.
       (13) Districtwide assessments.--The term ``districtwide 
     assessments'' means a variety of assessment tools and 
     strategies (including individual student assessments under 
     subparagraph (E)(ii)) administered by the Superintendent to 
     students enrolled in District of Columbia public schools and 
     public charter schools that--
       (A) are aligned with the District of Columbia's content 
     standards and core curriculum;
       (B) provide coherent information about student attainment 
     of such standards;
       (C) are used for purposes for which such assessments are 
     valid, reliable, and unbiased, and are consistent with 
     relevant nationally recognized professional and technical 
     standards for such assessments;
       (D) involve multiple up-to-date measures of student 
     performance, including measures that assess higher order 
     thinking skills and understanding; and
       (E) provide for--
       (i) the participation in such assessments of all students;
       (ii) individual student assessments for students that fail 
     to reach minimum acceptable levels of performance;
       (iii) the reasonable adaptations and accommodations for 
     students with special needs (as defined in paragraph (32)) 
     necessary to measure the achievement of such students 
     relative to the District of Columbia'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 reliable 
     information regarding such students' knowledge and abilities.
       (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 ``elementary school'' 
     means an institutional day or residential school that 
     provides elementary education, as determined under District 
     of Columbia law.
       (16) Eligible applicant.--The term ``eligible applicant'' 
     means a person, including a private, public, 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 District 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 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 majority of students whose 
     family income is not greater 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 involved (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 ``individual career 
     path'' means a program of study that provides a secondary 
     school student the skills necessary to compete in the 21st 
     century workforce.
       (20) Literacy.--The term ``literacy'' means--
       (A) in the case of a minor student, such student's ability 
     to read, write, and speak in English, 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 proficiency 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 system.--The term 
     ``Metrobus and Metrorail Transit System'' means the bus and 
     rail systems administered by the Washington Metropolitan Area 
     Transit Authority.
       (24) Minor student.--The term ``minor student'' means an 
     individual who--
       (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 ``nonresident student'' 
     means--
       (A) an individual under the age of 18 who is enrolled in a 
     District of Columbia public school or a public charter 
     school, and does not have a parent residing in the District 
     of Columbia; 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 reside in the District of Columbia.
     
[[Page H1016]]

       (26) Parent.--The term ``parent'' means a person 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.
       (27) Petition.--The term ``petition'' means a written 
     application.
       (28) Promotion gate.--The term ``promotion gate'' means the 
     criteria, developed by the Superintendent and approved by the 
     Board of Education, that are used to determine student 
     promotion at different 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 Public 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 determined 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 Education Act (20 U.S.C. 
     1401(a)(1)) or a student who is an individual with a 
     disability as provided in section 7(8) of the Rehabilitation 
     Act of 1973 (29 U.S.C. 706(8)).
       (33) Superintendent.--The term ``Superintendent'' 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 Education 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.--
       (1) Plan.--The Superintendent, with the approval of the 
     Board of Education, shall submit to the Mayor, the District 
     of Columbia Council, the Authority, 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 financial 
     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, required 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 Columbia 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 
     recommendations regarding the long-term reform 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 Columbia 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 accomplish the following:
       (A) Achievement at nationally and internationally 
     competitive levels by students attending District of Columbia 
     public schools.
       (B) The preparation of students for the workforce, 
     including--
       (i) providing special emphasis for students planning to 
     obtain a postsecondary education; and
       (ii) the development of individual career paths.
       (C) The improvement of the health and safety of students in 
     District of Columbia public schools.
       (D) Local school governance, decentralization, autonomy, 
     and parental choice among District of Columbia public 
     schools.
       (E) The implementation of a comprehensive and effective 
     adult education and literacy program.
       (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 public schools prior to such student's completion of 
     grade 8.
       (H) The establishment of after-school programs that promote 
     self-confidence, self-discipline, self-respect, good 
     citizenship, and respect for leaders, through such activities 
     as arts classes, physical fitness programs, and community 
     service.
       (I) Steps necessary to establish an electronic data 
     transfer system.
       (J) Encourage parental involvement in all school 
     activities, particularly parent teacher conferences.
       (K) Development and implementation, through the Board of 
     Education and the Superintendent, of a uniform dress code for 
     the District of Columbia public schools, that--
       (i) shall include a prohibition of gang membership symbols;
       (ii) shall take into account the relative costs of any such 
     code for each student; and
       (iii) may include a requirement that students wear 
     uniforms.
       (L) The establishment of classes, beginning not later than 
     grade 3, to teach students how to use computers effectively.
       (M) The development of community schools that enable 
     District of Columbia public schools to collaborate with other 
     public and nonprofit agencies and organizations, local 
     businesses, recreational, cultural, and other community and 
     human service entities, for the purpose of meeting the needs 
     and expanding the opportunities available to residents of the 
     communities served by such schools.
       (N) The establishment of programs which provide counseling, 
     mentoring (especially peer mentoring), academic support, 
     outreach, and supportive services to elementary, middle, and 
     secondary school students who are at risk of dropping out of 
     school.
       (O) The establishment of a comprehensive remedial education 
     program to assist students who do not meet basic literacy 
     standards, or the criteria of promotion gates established in 
     section 2421.
       (P) The establishment of leadership development projects 
     for middle school principals, which projects shall increase 
     student learning and achievement and strengthen such 
     principals as instructional school leaders.
       (Q) The implementation of a policy for performance-based 
     evaluation of principals and teachers, after consultation 
     with the Superintendent and unions (including unions that 
     represent teachers and unions that represent principals).
       (R) The implementation of policies that require competitive 
     appointments for all District of Columbia public school 
     positions.
       (S) The implementation of policies regarding alternative 
     teacher certification requirements.
       (T) The implementation of testing requirements for teacher 
     licensing renewal.
       (U) A review of the District of Columbia public school 
     central office budget and staffing reductions for each fiscal 
     year compared to the level of such budget and reductions at 
     the end of fiscal year 1995.
       (V) The implementation of the discipline policy for the 
     District of Columbia public schools in order to ensure a 
     safe, disciplined environment conducive to learning.
       (2) Other information.--For each of the items described in 
     subparagraphs (A) through (V) of paragraph (1), the long-term 
     reform plan shall include--
       (A) a statement of measurable, objective performance goals;
       (B) a description of the measures of performance to be used 
     in determining whether the Superintendent and Board of 
     Education have met the goals;
       (C) dates by which the goals shall be met;
       (D) plans for monitoring and reporting progress to District 
     of Columbia residents, the Mayor, the District of Columbia 
     Council, the Authority, the Consensus Commission, and the 
     appropriate congressional committees regarding the carrying 
     out of the long-term reform plan; and
       (E) the title of the management employee of the District of 
     Columbia public schools most directly responsible for the 
     achievement of each goal and, with respect to each such 
     employee, the title of the employee's immediate supervisor or 
     superior.
       (c) Amendments.--The Superintendent, with the approval of 
     the Board of Education, shall submit any amendment to the 
     long-term reform plan to the Mayor, the District of Columbia 
     Council, the Authority, the Consensus Commission, and the 
     appropriate congressional committees. Any amendment to the 
     long-term reform plan shall be consistent with the financial 
     plan and budget for fiscal year 1996, and each financial plan 
     and budget for a subsequent fiscal year, as the case may be, 
     for the District of Columbia required under section 201 of 
     the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
                   Subtitle B--Public Charter Schools

     SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

       (a) Existing Public School.--An eligible applicant seeking 
     to convert a District of Columbia public school into a public 
     charter school--
       (1) shall prepare a petition to establish a public charter 
     school that meets the requirements of section 2202;
       (2) shall provide a copy of the petition to--
       (A) the parents of minor students attending the existing 
     school;
       (B) adult students attending the existing school; and
       (C) employees of the existing school; and
       (3) shall file the petition with an eligible chartering 
     authority for approval after the petition--
       (A) is signed by two-thirds of the sum of--
       (i) the total number of parents of minor students attending 
     the school; and
       (ii) the total number of adult students attending the 
     school; and
       (B) is endorsed by at least two-thirds of full-time 
     teachers employed in the school.
       (b) Private or Independent School.--An eligible applicant 
     seeking to convert an existing 

[[Page H1017]]
     private or independent school in the District of Columbia into a public 
     charter school--
       (1) shall prepare a petition to establish a public charter 
     school that is approved by the Board of Trustees or authority 
     responsible for the school and that meets the requirements of 
     section 2202;
       (2) shall provide a copy of the petition to--
       (A) the parents of minor students attending the existing 
     school;
       (B) adult students attending the existing school; and
       (C) employees of the existing school; and
       (3) shall file the petition with an eligible chartering 
     authority for approval after the petition--
       (A) is signed by two-thirds of the sum of--
       (i) the total number of parents of minor students attending 
     the school; and
       (ii) the total number of adult students attending the 
     school; and
       (B) is endorsed by at least two-thirds of full-time 
     teachers employed in the school.
       (c) New School.--An eligible applicant seeking to establish 
     in the District of Columbia a public charter school, but not 
     seeking to convert a District of Columbia public school or a 
     private or independent school into a public charter school, 
     shall file with an eligible chartering authority for approval 
     a petition to establish a public charter school that meets 
     the requirements of section 2202.

     SEC. 2202. CONTENTS OF PETITION.

       A petition under section 2201 to establish a public charter 
     school shall include the following:
       (1) A statement defining the mission and goals of the 
     proposed school and the manner in which the school will meet 
     the content standards, and conduct the districtwide 
     assessments, described in section 2411(b).
       (2) A statement of the need for the proposed school in the 
     geographic area of the school site.
       (3) A description of the proposed instructional goals and 
     methods for the proposed school, which shall include, at a 
     minimum--
       (A) the area of focus of the proposed school, such as 
     mathematics, science, or the arts, if the school will have 
     such a focus;
       (B) the methods that will be used, including classroom 
     technology, to provide students with  the  knowledge,  
     proficiency,  and  skills needed--
       (i) to become nationally and internationally competitive 
     students and educated individuals in the 21st century; and
       (ii) to perform competitively on any districtwide 
     assessments; and
       (C) the methods that will be used to improve student self-
     motivation, classroom instruction, and learning for all 
     students.
       (4) A description of the scope and size of the proposed 
     school's program that will enable students to successfully 
     achieve the goals established by the school, including the 
     grade levels to be served by the school and the projected and 
     maximum enrollment of each grade level.
       (5) A description of the plan for evaluating student 
     academic achievement at the proposed school and the 
     procedures for remedial action that will be used by the 
     school when the academic achievement of a student falls below 
     the expectations of the school.
       (6) An operating budget for the first 2 years of the 
     proposed school that is based on anticipated enrollment and 
     contains--
       (A) a description of the method for conducting annual 
     audits of the financial, administrative, and programmatic 
     operations of the school;
       (B) either--
       (i) an identification of the site where the school will be 
     located, including a description of any buildings on the site 
     and any buildings proposed to be constructed on the site; or
       (ii) a timetable by which such an identification will be 
     made;
       (C) a description of any major contracts planned, with a 
     value equal to or exceeding $10,000, for equipment and 
     services, leases, improvements, purchases of real property, 
     or insurance; and
       (D) a timetable for commencing operations as a public 
     charter school.
       (7) A description of the proposed rules and policies for 
     governance and operation of the proposed school.
       (8) Copies of the proposed articles of incorporation and 
     bylaws of the proposed school.
       (9) The names and addresses of the members of the proposed 
     Board of Trustees and the procedures for selecting trustees.
       (10) A description of the student enrollment, admission, 
     suspension, expulsion, and other disciplinary policies and 
     procedures of the proposed school, and the criteria for 
     making decisions in such areas.
       (11) A description of the procedures the proposed school 
     plans to follow to ensure the health and safety of students, 
     employees, and guests of the school and to comply with 
     applicable health and safety laws, and all applicable civil 
     rights statutes and regulations of the Federal Government and 
     the District of Columbia.
       (12) An explanation of the qualifications that will be 
     required of employees of the proposed school.
       (13) An identification, and a description, of the 
     individuals and entities submitting the petition, including 
     their names and addresses, and the names of the organizations 
     or corporations of which such individuals are directors or 
     officers.
       (14) A description of how parents, teachers, and other 
     members of the community have been involved in the design and 
     will continue to be involved in the implementation of the 
     proposed school.
       (15) A description of how parents and teachers will be 
     provided an orientation and other training to ensure their 
     effective participation in the operation of the public 
     charter school.
       (16) An assurance the proposed school will seek, obtain, 
     and maintain accreditation from at least one of the 
     following:
       (A) The Middle States Association of Colleges and Schools.
       (B) The Association of Independent Maryland Schools.
       (C) The Southern Association of Colleges and Schools.
       (D) The Virginia Association of Independent Schools.
       (E) American Montessori Internationale.
       (F) The American Montessori Society.
       (G) The National Academy of Early Childhood Programs.
       (H) Any other accrediting body deemed appropriate by the 
     eligible chartering authority that granted the charter to the 
     school.
       (17) In the case that the proposed school's educational 
     program includes preschool or prekindergarten, an assurance 
     the proposed school will be licensed as a child development 
     center by the District of Columbia Government not later than 
     the first date on which such program commences.
       (18) An explanation of the relationship that will exist 
     between the public charter school and the school's employees.
       (19) A statement of whether the proposed school elects to 
     be treated as a local educational agency or a District of 
     Columbia public school for purposes of part B of the 
     Individuals With Disabilities Education Act (20 U.S.C. 1411 
     et seq.) and section 504 of the Rehabilitation Act of 1973 
     (20 U.S.C. 794), and notwithstanding any other provision of 
     law the eligible chartering authority shall not have the 
     authority to approve or disapprove such election.

     SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER 
                   SCHOOL PETITIONS.

       (a) Schedule.--An eligible chartering authority shall 
     establish a schedule for receiving petitions to establish a 
     public charter school and shall publish any such schedule in 
     the District of Columbia Register and newspapers of general 
     circulation.
       (b) Public Hearing.--Not later than 45 days after a 
     petition to establish a public charter school is filed with 
     an eligible chartering authority, the eligible chartering 
     authority shall hold a public hearing on the petition to 
     gather the information that is necessary for the eligible 
     chartering authority to make the decision to approve or deny 
     the petition.
       (c) Notice.--Not later than 10 days prior to the scheduled 
     date of a public hearing on a petition to establish  a  
     public  charter  school,  an  eligible  chartering 
     authority--
       (1) shall publish a notice of the hearing in the District 
     of Columbia Register and newspapers of general circulation; 
     and
       (2) shall send a written notification of the hearing date 
     to the eligible applicant who filed the petition.
       (d) Approval.--Subject to subsection (i), an eligible 
     chartering authority may approve a petition to establish a 
     public charter school, if--
       (1) the eligible chartering authority determines that the 
     petition satisfies the requirements of this subtitle;
       (2) the eligible applicant who filed the petition agrees to 
     satisfy any condition or requirement, consistent with this 
     subtitle and other applicable law, that is set forth in 
     writing by the eligible chartering authority as an amendment 
     to the petition; and
       (3) the eligible chartering authority determines that the 
     public charter school has the ability to meet the educational 
     objectives outlined in the petition.
       (e) Timetable.--An eligible chartering authority shall 
     approve or deny a petition to establish a public charter 
     school not later than 45 days after the conclusion of the 
     public hearing on the petition.
       (f) Extension.--An eligible chartering authority and an 
     eligible applicant may agree to extend the 45-day time period 
     referred to in subsection (e) by a period that shall not 
     exceed 30 days.
       (g) Denial Explanation.--If an eligible chartering 
     authority denies a petition or finds the petition to be 
     incomplete, the eligible chartering authority shall specify 
     in writing the reasons for its decision and indicate, when 
     the eligible chartering authority determines appropriate, how 
     the eligible applicant who filed the petition may revise the 
     petition to satisfy the requirements for approval.
       (h) Approved Petition.--
       (1) Notice.--Not later than 10 days after an eligible 
     chartering authority approves a petition to establish a 
     public charter school, the eligible chartering authority 
     shall provide a written notice of the approval, including a 
     copy of the approved petition and any conditions or 
     requirements agreed to under subsection (d)(2), to the 
     eligible applicant and to the Chief Financial Officer of the 
     District of Columbia. The eligible chartering authority shall 
     publish a notice of the approval of the petition in the 
     District of Columbia Register and newspapers of general 
     circulation.
       (2) Charter.--The provisions described in paragraphs (1), 
     (7), (8), (11), (16), (17), and (18) of section 2202 of a 
     petition to establish a public charter school that are 
     approved by an eligible chartering authority, together with 
     any amendments to the petition containing conditions or 
     requirements agreed to by the eligible applicant under 
     subsection (d)(2), shall be considered a charter granted to 
     the school by the eligible chartering authority.
       (i) Number of Petitions.--
       (1) First year.--For academic year 1996-1997, not more than 
     10 petitions to establish public charter schools may be 
     approved under this subtitle.
       (2) Subsequent years.--For academic year 1997-1998 and each 
     academic year thereafter each eligible chartering authority 
     shall not approve more than 5 petitions to establish a public 
     charter school under this subtitle.
     
[[Page H1018]]

       (j) Exclusive Authority of the Eligible Chartering 
     Authority.--No governmental entity, elected official, or 
     employee of the District of Columbia shall make, participate 
     in making, or intervene in the making of, the decision to 
     approve or deny a petition to establish a public charter 
     school, except for officers or employees of the eligible 
     chartering authority with which the petition is filed.

     SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC 
                   CHARTER SCHOOLS.

       (a) Duties.--A public charter school shall comply with all 
     of the terms and provisions of its charter.
       (b) Powers.--A public charter school shall have the 
     following powers:
       (1) To adopt a name and corporate seal, but only if the 
     name selected includes the words ``public charter school''.
       (2) To acquire real property for use as the public charter 
     school's facilities, from public or private sources.
       (3) To receive and disburse funds for public charter school 
     purposes.
       (4) Subject to subsection (c)(1), to secure appropriate 
     insurance and to make contracts and leases, including 
     agreements to procure or purchase services, equipment, and 
     supplies.
       (5) To incur debt in reasonable anticipation of the receipt 
     of funds from the general fund of the District of Columbia or 
     the receipt of Federal or private funds.
       (6) To solicit and accept any grants or gifts for public 
     charter school purposes, if the public charter school--
       (A) does not accept any grants or gifts subject to any 
     condition contrary to law or contrary to its charter; and
       (B) maintains for financial reporting purposes separate 
     accounts for grants or gifts.
       (7) To be responsible for the public charter school's 
     operation, including preparation of a budget and personnel 
     matters.
       (8) To sue and be sued in the public charter school's own 
     name.
       (c) Prohibitions and Other Requirements.--
       (1) Contracting authority.--
       (A) Notice requirement.--Except in the case of an emergency 
     (as determined by the eligible chartering authority of a 
     public charter school), with respect to any contract proposed 
     to be awarded by the public charter school and having a value 
     equal to or exceeding $10,000, the school shall publish a 
     notice of a request for proposals in the District of Columbia 
     Register and newspapers of general circulation not less than 
     30 days prior to the award of the contract.
       (B) Submission to the authority.--
       (i) Deadline for submission.--With respect to any contract 
     described in subparagraph (A) that is awarded by a public 
     charter school, the school shall submit to the Authority, not 
     later than 3 days after the date on which the award is made, 
     all bids for the contract received by the school, the name of 
     the contractor who is awarded the contract, and the rationale 
     for the award of the contract.
       (ii) Effective date of contract.--

       (I) In general.--Subject to subclause (II), a contract 
     described in subparagraph (A) shall become effective on the 
     date that is 15 days after the date the school makes the 
     submission under clause (i) with respect to the contract, or 
     the effective date specified in the contract, whichever is 
     later.
       (II) Exception.--A contract described in subparagraph (A) 
     shall be considered null and void if the Authority 
     determines, within 12 days of the date the school makes the 
     submission under clause (i) with respect to the contract, 
     that the contract endangers the economic viability of the 
     public charter school.

       (2) Tuition.--A public charter school may not charge 
     tuition, fees, or other mandatory payments, except to 
     nonresident students, or for field trips or similar 
     activities.
       (3) Control.--A public charter school--
       (A) shall exercise exclusive control over its expenditures, 
     administration, personnel, and instructional methods, within 
     the limitations imposed in this subtitle; and
       (B) shall be exempt from District of Columbia statutes, 
     policies, rules, and regulations established for the District 
     of Columbia public schools by the Superintendent, Board of 
     Education, Mayor, District of Columbia Council, or Authority, 
     except as otherwise provided in the school's charter or this 
     subtitle.
       (4) Health and safety.--A public charter school shall 
     maintain the health and safety of all students attending such 
     school.
       (5) Civil rights and idea.--The Age Discrimination Act of 
     1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights 
     Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
     Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794), part B of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1411 et seq.), and the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), shall 
     apply to a public charter school.
       (6) Governance.--A public charter school shall be governed 
     by a Board of Trustees in a manner consistent with the 
     charter granted to the school and the provisions of this 
     subtitle.
       (7) Other staff.--No employee of the District of Columbia 
     public schools may be required to accept employment with, or 
     be assigned to, a public charter school.
       (8) Other students.--No student enrolled in a District of 
     Columbia public school may be required to attend a public 
     charter school.
       (9) Taxes or bonds.--A public charter school shall not levy 
     taxes or issue bonds.
       (10) Charter revision.--A public charter school seeking to 
     revise its charter shall prepare a petition for approval of 
     the revision and file the petition with the eligible 
     chartering authority that granted the charter. The provisions 
     of section 2203 shall apply to such a petition in the same 
     manner as such provisions apply to a petition to establish a 
     public charter school.
       (11) Annual report.--
       (A) In general.--A public charter school shall submit an 
     annual report to the eligible chartering authority that 
     approved its charter and to the Consensus Commission. The 
     school shall permit a member of the public to review any such 
     report upon request.
       (B) Contents.--A report submitted under subparagraph (A) 
     shall include the following data:
       (i) A report on the extent to which the school is meeting 
     its mission and goals as stated in the petition for the 
     charter school.
       (ii) Student performance on any districtwide assessments.
       (iii) Grade advancement for students enrolled in the public 
     charter school.
       (iv) Graduation rates, college admission test scores, and 
     college admission rates, if applicable.
       (v) Types and amounts of parental involvement.
       (vi) Official student enrollment.
       (vii) Average daily attendance.
       (viii) Average daily membership.
       (ix) A financial statement audited by an independent 
     certified public accountant in accordance with Government 
     auditing standards for financial audits issued by the 
     Comptroller General of the United States.
       (x) A report on school staff indicating the qualifications 
     and responsibilities of such staff.
       (xi) A list of all donors and grantors that have 
     contributed monetary or in-kind donations having a value 
     equal to or exceeding $500 during the year that is the 
     subject of the report.
       (C) Nonidentifying data.--Data described in clauses (i) 
     through (ix) of subparagraph (B) that are included in an 
     annual report shall not identify the individuals to whom the 
     data pertain.
       (12) Census.--A public charter school shall provide to the 
     Board of Education student enrollment data necessary for the 
     Board of Education to comply with section 3 of article II of 
     the Act of February 4, 1925 (D.C. Code, sec. 31-404) 
     (relating to census of minors).
       (13) Complaint resolution process.--A public charter school 
     shall establish an informal complaint resolution process.
       (14) Program of education.--A public charter school shall 
     provide a program of education which shall include one or 
     more of the following:
       (A) Preschool.
       (B) Prekindergarten.
       (C) Any grade or grades from kindergarten through grade 12.
       (D) Adult, community, continuing, and vocational education 
     programs.
       (15) Nonsectarian nature of schools.--A public charter 
     school shall be nonsectarian and shall not be affiliated with 
     a sectarian school or religious institution.
       (16) Nonprofit status of school.--A public charter school 
     shall be organized under the District of Columbia Nonprofit 
     Corporation Act (D.C. Code, sec. 29-501 et seq.).
       (17) Immunity from civil liability.--
       (A) In general.--A public charter school, and its 
     incorporators, Board of Trustees, officers, employees, and 
     volunteers, shall be immune from civil liability, both 
     personally and professionally, for any act or omission within 
     the scope of their official duties unless the act or 
     omission--
       (i) constitutes gross negligence;
       (ii) constitutes an intentional tort; or
       (iii) is criminal in nature.
       (B) Common law immunity preserved.--Subparagraph (A) shall 
     not be construed to abrogate any immunity under common law of 
     a person described in such subparagraph.

     SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.

       (a) Board of Trustees.--The members of a Board of Trustees 
     of a public charter school shall be elected or selected 
     pursuant to the charter granted to the school. Such Board of 
     Trustees shall have an odd number of members that does not 
     exceed 7, of which--
       (1) a majority shall be residents of the District of 
     Columbia; and
       (2) at least 2 shall be parents of a student attending the 
     school.
       (b) Eligibility.--An individual is eligible for election or 
     selection to the Board of Trustees of a public charter school 
     if the person--
       (1) is a teacher or staff member who is employed at the 
     school;
       (2) is a parent of a student attending the school; or
       (3) meets the election or selection criteria set forth in 
     the charter granted to the school.
       (c) Election or Selection of Parents.--In the case of the 
     first Board of Trustees of a public charter school to be 
     elected or selected after the date on which the school is 
     granted a charter, the election or selection of the members 
     under subsection (a)(2) shall occur on the earliest 
     practicable date after classes at the school have commenced. 
     Until such date, any other members who have been elected or 
     selected shall serve as an interim Board of Trustees. Such an 
     interim Board of Trustees may exercise all of the powers, and 
     shall be subject to all of the duties, of a Board of 
     Trustees.
       (d) Fiduciaries.--The Board of Trustees of a public charter 
     school shall be fiduciaries of the school and shall set 
     overall policy for the school. The Board of Trustees may make 
     final decisions on matters related to the operation of the 
     school, consistent with the charter granted to the school, 
     this subtitle, and other applicable law.

     SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.

       (a) Open Enrollment.--Enrollment in a public charter school 
     shall be open to all students who are residents of the 
     District of Columbia 

[[Page H1019]]
     and, if space is available, to nonresident students who meet the 
     tuition requirement in subsection (e).
       (b) Criteria for Admission.--A public charter school may 
     not limit enrollment on the basis of a student's race, color, 
     religion, national origin, language spoken, intellectual or 
     athletic ability, measures of achievement or aptitude, or 
     status as a student with special needs. A public charter 
     school may limit enrollment to specific grade levels.
       (c) Random Selection.--If there are more applications to 
     enroll in a public charter school from students who are 
     residents of the District of Columbia than there are spaces 
     available, students shall be admitted using a random 
     selection process.
       (d) Admission to an Existing School.--During the 5-year 
     period beginning on the date that a petition, filed by an 
     eligible applicant seeking to convert a District of Columbia 
     public school or a private or independent school into a 
     public charter school, is approved, the school may give 
     priority in enrollment to--
       (1) students enrolled in the school at the time the 
     petition is granted;
       (2) the siblings of students described in paragraph (1); 
     and
       (3) in the case of the conversion of a District of Columbia 
     public school, students who reside within the attendance 
     boundaries, if any, in which the school is located.
       (e) Nonresident Students.--Nonresident students shall pay 
     tuition to attend a public charter school at the applicable 
     rate established for District of Columbia public schools 
     administered by the Board of Education for the type of 
     program in which the student is enrolled.
       (f) Student Withdrawal.--A student may withdraw from a 
     public charter school at any time and, if otherwise eligible, 
     enroll in a District of Columbia public school administered 
     by the Board of Education.
       (g) Expulsion and Suspension.--The principal of a public 
     charter school may expel or suspend a student from the school 
     based on criteria set forth in the charter granted to the 
     school.

     SEC. 2207. EMPLOYEES.

       (a) Extended Leave of Absence Without Pay.--
       (1) Leave of absence from district of columbia public 
     schools.--The Superintendent shall grant, upon request, an 
     extended leave of absence, without pay, to an employee of the 
     District of Columbia public schools for the purpose of 
     permitting the employee to accept a position at a public 
     charter school for a 2-year term.
       (2) Request for extension.--At the end of a 2-year term 
     referred to in paragraph (1), an employee granted an extended 
     leave of absence without pay under such paragraph may submit 
     a request to the Superintendent for an extension of the leave 
     of absence for an unlimited number of 2-year terms. The 
     Superintendent may not unreasonably (as determined by the 
     eligible chartering authority) withhold approval of the 
     request.
       (3) Rights upon termination of leave.--An employee granted 
     an extended leave of absence without pay for the purpose 
     described in paragraph (1) or (2) shall have the same rights 
     and benefits under law upon termination of such leave of 
     absence as an employee of the District of Columbia public 
     schools who is granted an extended leave of absence without 
     pay for any other purpose.
       (b) Retirement System.--
       (1) Creditable service.--An employee of a public charter 
     school who has received a leave of absence under subsection 
     (a) shall receive creditable service, as defined in section 
     2604 of D.C. Law 2-139, effective March 3, 1979 (D.C. Code, 
     sec. 1-627.4) and the rules established under such section, 
     for the period of the employee's employment at the public 
     charter school.
       (2) Authority to establish separate system.--A public 
     charter school may establish a retirement system for 
     employees under its authority.
       (3) Election of retirement system.--A former employee of 
     the District of Columbia public schools who becomes an 
     employee of a public charter school within 60 days after the 
     date the employee's employment with the District of Columbia 
     public schools is terminated may, at the time the employee 
     commences employment with the public charter school, elect--
       (A) to remain in a District of Columbia Government 
     retirement system and continue to receive creditable service 
     for the period of their employment at a public charter 
     school; or
       (B) to transfer into a retirement system established by the 
     public charter school pursuant to paragraph (2).
       (4) Prohibited employment conditions.--No public charter 
     school may require a former employee of the District of 
     Columbia public schools to transfer to the public charter 
     school's retirement system as a condition of employment.
       (5) Contributions.--
       (A) Employees electing not to transfer.--In the case of a 
     former employee of the District of Columbia public schools 
     who elects to remain in a District of Columbia Government 
     retirement system pursuant to paragraph (3)(A), the public 
     charter school that employs the person shall make the same 
     contribution to such system on behalf of the person as the 
     District of Columbia would have been required to make if the 
     person had continued to be an employee of the District of 
     Columbia public schools.
       (B) Employees electing to transfer.--In the case of a 
     former employee of the District of Columbia public schools 
     who elects to transfer into a retirement system of a public 
     charter school pursuant to paragraph (3)(B), the applicable 
     District of Columbia Government retirement system from which 
     the former employee is transferring shall compute the 
     employee's contribution to that system and transfer this 
     amount, to the retirement system of the public charter 
     school.
       (c) Employment Status.--Notwithstanding any other provision 
     of law and except as provided in this section, an employee of 
     a public charter school shall not be considered to be an 
     employee of the District of Columbia Government for any 
     purpose.

     SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

       A student attending a public charter school shall be 
     eligible for reduced fares on the Metrobus and Metrorail 
     Transit System on the same terms and conditions as are 
     applicable under section 2 of D.C. Law 2-152, effective March 
     9, 1979 (D.C. Code, sec. 44-216 et seq.), to a student 
     attending a District of Columbia public school.

     SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO 
                   PUBLIC CHARTER SCHOOLS.

       The Superintendent may provide services, such as facilities 
     maintenance, to public charter schools. All compensation for 
     costs of such services shall be subject to negotiation and 
     mutual agreement between a public charter school and the 
     Superintendent.

     SEC. 2210. APPLICATION OF LAW.

       (a) Elementary and Secondary Education Act of 1965.--
       (1) Treatment as local educational agency.--
       (A) In general.--For any fiscal year, a public charter 
     school shall be considered to be a local educational agency 
     for purposes of part A of title I of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and 
     shall be eligible for assistance under such part, if the 
     fraction the numerator of which is the number of low-income 
     students enrolled in the public charter school during the 
     fiscal year preceding the fiscal year for which the 
     determination is made and the denominator of which is the 
     total number of students enrolled in such public charter 
     school for such preceding year, is equal to or greater than 
     the lowest fraction determined for any District of Columbia 
     public school receiving assistance under such part A where 
     the numerator is the number of low-income students enrolled 
     in such public school for such preceding year and the 
     denominator is the total number of students enrolled in such 
     public school for such preceding year.
       (B) Definition.--For the purposes of this subsection, the 
     term ``low-income student'' means a student from a low-income 
     family determined according to the measure adopted by the 
     District of Columbia to carry out the provisions of part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     that is consistent with the measures described in section 
     1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal 
     year for which the determination is made.
       (2) Allocation for fiscal years 1996 through 1998.--
       (A) Public charter schools.--For fiscal years 1996 through 
     1998, each public charter school that is eligible to receive 
     assistance under part A of title I of the Elementary and 
     Secondary Education Act of 1965 shall receive a portion of 
     the District of Columbia's total allocation under such part 
     which bears the same ratio to such total allocation as the 
     number described in subparagraph (C) bears to the number 
     described in subparagraph (D).
       (B) District of columbia public schools.--For fiscal years 
     1996 through 1998, the District of Columbia public schools 
     shall receive a portion of the District of Columbia's total 
     allocation under part A of title I of the Elementary and 
     Secondary Education Act of 1965 which bears the same ratio to 
     such total allocation as the total of the numbers described 
     in clauses (ii) and (iii) of subparagraph (D) bears to the 
     aggregate total described in subparagraph (D).
       (C) Number of eligible students enrolled in the public 
     charter school.--The number described in this subparagraph is 
     the number of low-income students enrolled in the public 
     charter school during the fiscal year preceding the fiscal 
     year for which the determination is made.
       (D) Aggregate number of eligible students.--The number 
     described in this subparagraph is the aggregate total of the 
     following numbers:
       (i) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made, were enrolled in a public charter 
     school.
       (ii) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made, were enrolled in a District of 
     Columbia public school selected to provide services under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965.
       (iii) The number of low-income students who, during the 
     fiscal year preceding the fiscal year for which the 
     determination is made--

       (I) were enrolled in a private or independent school; and
       (II) resided in an attendance area of a District of 
     Columbia public school selected to provide services under 
     part A of title I of the Elementary and Secondary Education 
     Act of 1965.

       (3) Allocation for fiscal year 1999 and thereafter.--
       (A) Calculation by secretary.--Notwithstanding sections 
     1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6333(a)(2), 
     6334(a)(4), and 6335(d)), for fiscal year 1999 and each 
     fiscal year thereafter, the total allocation under part A of 
     title I of such Act for all local educational agencies in the 
     District of Columbia, including public charter schools that 
     are eligible to receive assistance under such part, shall be 
     calculated by the Secretary of Education. In making such 
     calculation, such Secretary shall treat all such local 
     educational agencies as if such agencies were a single local 
     educational agency for the District of Columbia.
     
[[Page H1020]]

       (B) Allocation.--
       (i) Public charter schools.--For fiscal year 1999 and each 
     fiscal year thereafter, each public charter school that is 
     eligible to receive assistance under part A of title I of the 
     Elementary and Secondary Education Act of 1965 shall receive 
     a portion of the total allocation calculated under 
     subparagraph (A) which bears the same ratio to such total 
     allocation as the number described in paragraph (2)(C) bears 
     to the aggregate total described in paragraph (2)(D).
       (ii) District of columbia public school.--For fiscal year 
     1999 and each fiscal year thereafter, the District of 
     Columbia public schools shall receive a portion of the total 
     allocation calculated under subparagraph (A) which bears the 
     same ratio to such total allocation as the total of the 
     numbers described in clauses (ii) and (iii) of paragraph 
     (2)(D) bears to the aggregate total described in paragraph 
     (2)(D).
       (4) Use of esea funds.--The Board of Education may not 
     direct a public charter school in the school's use of funds 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965.
       (5) ESEA requirements.--Except as provided in paragraph 
     (6), a public charter school receiving funds under part A of 
     title I of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6301 et seq.) shall comply with all requirements 
     applicable to schools receiving such funds.
       (6) Inapplicability of certain esea provisions.--The 
     following provisions of the Elementary and Secondary 
     Education Act of 1965 shall not apply to a public charter 
     school:
       (A) Paragraphs (5) and (8) of section 1112(b) (20 U.S.C. 
     6312(b)).
       (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), (1)(F), 
     (1)(H), and (3) of section 1112(c) (20 U.S.C. 6312(c)).
       (C) Section 1113 (20 U.S.C. 6313).
       (D) Section 1115A (20 U.S.C. 6316).
       (E) Subsections (a), (b), and (c) of section 1116 (20 
     U.S.C. 6317).
       (F) Subsections (d) and (e) of section 1118 (20 U.S.C. 
     6319).
       (G) Section 1120 (20 U.S.C. 6321).
       (H) Subsections (a) and (c) of section 1120A (20 U.S.C. 
     6322).
       (I) Section 1126 (20 U.S.C. 6337).
       (b) Property and Sales Taxes.--A public charter school 
     shall be exempt from District of Columbia property and sales 
     taxes.
       (c) Education of Children With Disabilities.--
     Notwithstanding any other provision of this title, each 
     public charter school shall elect to be treated as a local 
     educational agency or a District of Columbia public school 
     for the purpose of part B of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1411 et seq.) and 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794).

     SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING 
                   AUTHORITIES.

       (a) Oversight.--
       (1) In general.--An eligible chartering authority--
       (A) shall monitor the operations of each public charter 
     school to which the eligible chartering authority has granted 
     a charter;
       (B) shall ensure that each such school complies with 
     applicable laws and the provisions of the charter granted to 
     such school; and
       (C) shall monitor the progress of each such school in 
     meeting student academic achievement expectations specified 
     in the charter granted to such school.
       (2) Production of books and records.--An eligible 
     chartering authority may require a public charter school to 
     which the eligible chartering authority has granted a charter 
     to produce any book, record, paper, or document, if the 
     eligible chartering authority determines that such production 
     is necessary for the eligible chartering authority to carry 
     out its functions under this subtitle.
       (b) Fees.--
       (1) Application fee.--An eligible chartering authority may 
     charge an eligible applicant a fee, not to exceed $150, for 
     processing a petition to establish a public charter school.
       (2) Administration fee.--In the case of an eligible 
     chartering authority that has granted a charter to a public 
     charter school, the eligible chartering authority may charge 
     the school a fee, not to exceed one-half of one percent of 
     the annual budget of the school, to cover the cost of 
     undertaking the ongoing administrative responsibilities of 
     the eligible chartering authority with respect to the school 
     that are described in this subtitle. The school shall pay the 
     fee to the eligible chartering authority not later than 
     November 15 of each year.
       (c) Immunity From Civil Liability.--
       (1) In general.--An eligible chartering authority, the 
     Board of Trustees of such an eligible chartering authority, 
     and a director, officer, employee, or volunteer of such an 
     eligible chartering authority, shall be immune from civil 
     liability, both personally and professionally, for any act or 
     omission within the scope of their official duties unless the 
     act or omission--
       (A) constitutes gross negligence;
       (B) constitutes an intentional tort; or
       (C) is criminal in nature.
       (2) Common law immunity preserved.--Paragraph (1) shall not 
     be construed to abrogate any immunity under common law of a 
     person described in such paragraph.
       (d) Annual Report.--On or before July 30 of each year, each 
     eligible chartering authority that issues a charter under 
     this subtitle shall submit a report to the Mayor, the 
     District of Columbia Council, the Board of Education, the 
     Secretary of Education, the appropriate congressional 
     committees, and the Consensus Commission that includes the 
     following information:
       (1) A list of the members of the eligible chartering 
     authority and the addresses of such members.
       (2) A list of the dates and places of each meeting of the 
     eligible chartering authority during the year preceding the 
     report.
       (3) The number of petitions received by the eligible 
     chartering authority for the conversion of a District of 
     Columbia public school or a private or independent school to 
     a public charter school, and for the creation of a new school 
     as a public charter school.
       (4) The number of petitions described in paragraph (3) that 
     were approved and the number that were denied, as well as a 
     summary of the reasons for which such petitions were denied.
       (5) A description of any new charters issued by the 
     eligible chartering authority during the year preceding the 
     report.
       (6) A description of any charters renewed by the eligible 
     chartering authority during the year preceding the report.
       (7) A description of any charters revoked by the eligible 
     chartering authority during the year preceding the report.
       (8) A description of any charters refused renewal by the 
     eligible chartering authority during the year preceding the 
     report.
       (9) Any recommendations the eligible chartering authority 
     has concerning ways to improve the administration of public 
     charter schools.

     SEC. 2212. CHARTER RENEWAL.

       (a) Term.--A charter granted to a public charter school 
     shall remain in force for a 5-year period, but may be renewed 
     for an unlimited number of times, each time for a 5-year 
     period.
       (b) Application for Charter Renewal.--In the case of a 
     public charter school that desires to renew its charter, the 
     Board of Trustees of the school shall file an application to 
     renew the charter with the eligible chartering authority that 
     granted the charter not later than 120 days nor earlier than 
     365 days before the expiration of the charter. The 
     application shall contain the following:
       (1) A report on the progress of the public charter school 
     in achieving the goals, student academic achievement 
     expectations, and other terms of the approved charter.
       (2) All audited financial statements for the public charter 
     school for the preceding 4 years.
       (c) Approval of Charter Renewal Application.--The eligible 
     chartering authority that granted a charter shall approve an 
     application to renew the charter that is filed in accordance 
     with subsection (b), except that the eligible chartering 
     authority shall not approve such application if the eligible 
     chartering authority determines that--
       (1) the school committed a material violation of applicable 
     laws or a material violation of the conditions, terms, 
     standards, or procedures set forth in its charter, including 
     violations relating to the education of children with 
     disabilities; or
       (2) the school failed to meet the goals and student 
     academic achievement expectations set forth in its charter.
       (d) Procedures for Consideration of Charter Renewal.--
       (1) Notice of right to hearing.--An eligible chartering 
     authority that has received an application to renew a charter 
     that is filed by a Board of Trustees in accordance with 
     subsection (b) shall provide to the Board of Trustees written 
     notice of the right to an informal hearing on the 
     application. The eligible chartering authority shall provide 
     the notice not later than 15 days after the date on which the 
     eligible chartering authority received the application.
       (2) Request for hearing.--Not later than 15 days after the 
     date on which a Board of Trustees receives a notice under 
     paragraph (1), the Board of Trustees may request, in writing, 
     an informal hearing on the application before the eligible 
     chartering authority.
       (3) Date and time of hearing.--
       (A) Notice.--Upon receiving a timely written request for a 
     hearing under paragraph (2), an eligible chartering authority 
     shall set a date and time for the hearing and shall provide 
     reasonable notice of the date and time, as well as the 
     procedures to be followed at the hearing, to the Board of 
     Trustees.
       (B) Deadline.--An informal hearing under this subsection 
     shall take place not later than 30 days after an eligible 
     chartering authority receives a timely written request for 
     the hearing under paragraph (2).
       (4) Final decision.--
       (A) Deadline.--An eligible chartering authority shall 
     render a final decision, in writing, on an application to 
     renew a charter--
       (i) not later than 30 days after the date on which the 
     eligible chartering authority provided the written notice of 
     the right to a hearing, in the case of an application with 
     respect to which such a hearing is not held; and
       (ii) not later than 30 days after the date on which the 
     hearing is concluded, in the case of an application with 
     respect to which a hearing is held.
       (B) Reasons for nonrenewal.--An eligible chartering 
     authority that denies an application to renew a charter shall 
     state in its decision the reasons for denial.
       (5) Alternatives upon nonrenewal.--If an eligible 
     chartering authority denies an application to renew a charter 
     granted to a public charter school, the Board of Education 
     may--
       (A) manage the school directly until alternative 
     arrangements can be made for students at the school; or
       (B) place the school in a probationary status that requires 
     the school to take remedial actions, to be determined by the 
     Board of Education, that directly relate to the grounds for 
     the denial.
       (6) Judicial review.--
       (A) Availability of review.--A decision by an eligible 
     chartering authority to deny an application to renew a 
     charter shall be subject to judicial review by an appropriate 
     court of the District of Columbia.
       (B) Standard of review.--A decision by an eligible 
     chartering authority to deny an application to renew a 
     charter shall be upheld unless 

[[Page H1021]]
     the decision is arbitrary and capricious or clearly erroneous.

     SEC. 2213. CHARTER REVOCATION.

       (a) Charter or Law Violations.--An eligible chartering 
     authority that has granted a charter to a public charter 
     school may revoke the charter if the eligible chartering 
     authority determines that the school has committed a 
     violation of applicable laws or a material violation of the 
     conditions, terms, standards, or procedures set forth in the 
     charter, including violations relating to the education of 
     children with disabilities.
       (b) Fiscal Mismanagement.--An eligible chartering authority 
     that has granted a charter to a public charter school shall 
     revoke the charter if the eligible chartering authority 
     determines that the school--
       (1) has engaged in a pattern of nonadherence to generally 
     accepted accounting principles;
       (2) has engaged in a pattern of fiscal mismanagement; or
       (3) is no longer economically viable.
       (c) Procedures for Consideration of Revocation.--
       (1) Notice of right to hearing.--An eligible chartering 
     authority that is proposing to revoke a charter granted to a 
     public charter school shall provide to the Board of Trustees 
     of the school a written notice stating the reasons for the 
     proposed revocation. The notice shall inform the Board of 
     Trustees of the right of the Board of Trustees to an informal 
     hearing on the proposed revocation.
       (2) Request for hearing.--Not later than 15 days after the 
     date on which a Board of Trustees receives a notice under 
     paragraph (1), the Board of Trustees may request, in writing, 
     an informal hearing on the proposed revocation before the 
     eligible chartering authority.
       (3) Date and time of hearing.--
       (A) Notice.--Upon receiving a timely written request for a 
     hearing under paragraph (2), an eligible chartering authority 
     shall set a date and time for the hearing and shall provide 
     reasonable notice of the date and time, as well as the 
     procedures to be followed at the hearing, to the Board of 
     Trustees.
       (B) Deadline.--An informal hearing under this subsection 
     shall take place not later than 30 days after an eligible 
     chartering authority receives a timely written request for 
     the hearing under paragraph (2).
       (4) Final decision.--
       (A) Deadline.--An eligible chartering authority shall 
     render a final decision, in writing, on the revocation of a 
     charter--
       (i) not later than 30 days after the date on which the 
     eligible chartering authority provided the written notice of 
     the right to a hearing, in the case of a proposed revocation 
     with respect to which such a hearing is not held; and
       (ii) not later than 30 days after the date on which the 
     hearing is concluded, in the case of a proposed revocation 
     with respect to which a hearing is held.
       (B) Reasons for revocation.--An eligible chartering 
     authority that revokes a charter shall state in its decision 
     the reasons for the revocation.
       (5) Alternatives upon revocation.--If an eligible 
     chartering authority revokes a charter granted to a public 
     charter school, the Board of Education may manage the school 
     directly until alternative arrangements can be made for 
     students at the school.
       (6) Judicial review.--
       (A) Availability of review.--A decision by an eligible 
     chartering authority to revoke a charter shall be subject to 
     judicial review by an appropriate court of the District of 
     Columbia.
       (B) Standard of review.--A decision by an eligible 
     chartering authority to revoke a charter shall be upheld 
     unless the decision is arbitrary and capricious or clearly 
     erroneous.

     SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

       (a) Establishment.--
       (1) In general.--There is established within the District 
     of Columbia Government a Public Charter School Board (in this 
     section referred to as the ``Board'').
       (2) Membership.--The Secretary of Education shall present 
     the Mayor a list of 15 individuals the Secretary determines 
     are qualified to serve on the Board. The Mayor, in 
     consultation with the District of Columbia City Council, 
     shall appoint 7 individuals from the list to serve on the 
     Board. The Secretary of Education shall recommend, and the 
     Mayor shall appoint, members to serve on the Board so that a 
     knowledge of each of the following areas is represented on 
     the Board:
       (A) Research about and experience in student learning, 
     quality teaching, and evaluation of and accountability in 
     successful schools.
       (B) The operation of a financially sound enterprise, 
     including leadership and management techniques, as well as 
     the budgeting and accounting skills critical to the startup 
     of a successful enterprise.
       (C) The educational, social, and economic development needs 
     of the District of Columbia.
       (D) The needs and interests of students and parents in the 
     District of Columbia, as well as methods of involving parents 
     and other members of the community in individual schools.
       (3) Vacancies.--Any time there is a vacancy in the 
     membership of the Board, the Secretary of Education shall 
     present the Mayor a list of 3 individuals the Secretary 
     determines are qualified to serve on the Board. The Mayor, in 
     consultation with the District of Columbia Council, shall 
     appoint 1 individual from the list to serve on the Board. The 
     Secretary shall recommend and the Mayor shall appoint, such 
     member of the Board taking into consideration the criteria 
     described in paragraph (2). Any member appointed to fill a 
     vacancy occurring prior to the expiration of the term of a 
     predecessor shall be appointed only for the remainder of the 
     term.
       (4) Time limit for appointments.--If, at any time, the 
     Mayor does not appoint members to the Board sufficient to 
     bring the Board's membership to 7 within 30 days of receiving 
     a recommendation from the Secretary of Education under 
     paragraph (2) or (3), the Secretary shall make such 
     appointments as are necessary to bring the membership of the 
     Board to 7.
       (5) Terms of members.--
       (A) In general.--Members of the Board shall serve for terms 
     of 4 years, except that, of the initial appointments made 
     under paragraph (2), the Mayor shall designate--
       (i) 2 members to serve terms of 3 years;
       (ii) 2 members to serve terms of 2 years; and
       (iii) 1 member to serve a term of 1 year.
       (B) Reappointment.--Members of the Board shall be eligible 
     to be reappointed for one 4-year term beyond their initial 
     term of appointment.
       (6) Independence.--No person employed by the District of 
     Columbia public schools or a public charter school shall be 
     eligible to be a member of the Board or to be employed by the 
     Board.
       (b) Operations of the Board.--
       (1) Chair.--The members of the Board shall elect from among 
     their membership 1 individual to serve as Chair. Such 
     election shall be held each year after members of the Board 
     have been appointed to fill any vacancies caused by the 
     regular expiration of previous members' terms, or when 
     requested by a majority vote of the members of the Board.
       (2) Quorum.--A majority of the members of the Board, not 
     including any positions that may be vacant, shall constitute 
     a quorum sufficient for conducting the business of the Board.
       (3) Meetings.--The Board shall meet at the call of the 
     Chair, subject to the hearing requirements of sections 2203, 
     2212(d)(3), and 2213(c)(3).
       (c) No Compensation for Service.--Members of the Board 
     shall serve without pay, but may receive reimbursement for 
     any reasonable and necessary expenses incurred by reason of 
     service on the Board.
       (d) Personnel and Resources.--
       (1) In general.--Subject to such rules as may be made by 
     the Board, the Chair shall have the power to appoint, 
     terminate, and fix the pay of an Executive Director and such 
     other personnel of the Board as the Chair considers 
     necessary, but no individual so appointed shall be paid in 
     excess of the rate payable for level EG-16 of the Educational 
     Service of the District of Columbia.
       (2) Special rule.--The Board is authorized to use the 
     services, personnel, and facilities of the District of 
     Columbia.
       (e) Expenses of Board.--Any expenses of the Board shall be 
     paid from such funds as may be available to the Mayor.
       (f) Audit.--The Board shall provide for an audit of the 
     financial statements of the Board by an independent certified 
     public accountant in accordance with Government auditing 
     standards for financial audits issued by the Comptroller 
     General of the United States.
       (g) Authorization of Appropriations.--For the purpose of 
     carrying out the provisions of this section and conducting 
     the Board's functions required by this subtitle, there are 
     authorized to be appropriated $300,000 for fiscal year 1996 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

     SEC. 2215. FEDERAL ENTITIES.

       (a) In General.--The following Federal agencies and 
     federally established entities are encouraged to explore 
     whether it is feasible for the agency or entity to establish 
     one or more public charter schools:
       (1) The Library of Congress.
       (2) The National Aeronautics and Space Administration.
       (3) The Drug Enforcement Administration.
       (4) The National Science Foundation.
       (5) The Department of Justice.
       (6) The Department of Defense.
       (7) The Department of Education.
       (8) The Smithsonian Institution, including the National 
     Zoological Park, the National Museum of American History, the 
     John F. Kennedy Center for the Performing Arts, and the 
     National Gallery of Art.
       (b) Report.--Not later than 120 days after date of 
     enactment of this Act, any agency or institution described in 
     subsection (a) that has explored the feasibility of 
     establishing a public charter school shall report its 
     determination on the feasibility to the appropriate 
     committees of the Congress.

                         Subtitle C--Even Start

     SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

       (a) Authorization of Appropriations.--Section 1002 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6302) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Even Start.--
       ``(1) In general.--For the purpose of carrying out part B, 
     there are authorized to be appropriated $118,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the four succeeding fiscal years.
       ``(2) District of columbia.--For the purpose of carrying 
     out Even Start programs in the District of Columbia described 
     in section 1211, there are authorized to be appropriated--
       ``(A) $2,000,000 for fiscal year 1996;
       ``(B) $3,500,000 for fiscal year 1997;
       ``(C) $5,000,000 for fiscal year 1998;
       ``(D) $5,000,000 for fiscal year 1999; and
       ``(E) $5,000,000 for fiscal year 2000.''.
       (b) Even Start Family Literacy Programs.--Part B of title I 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6361 et seq.) is amended--
       (1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)), by 
     inserting ``(1)'' after ``1002(b)'';
       (2) in section 1202(b) (20 U.S.C. 6362(b)), by inserting 
     ``(1)'' after ``1002(b)'';
       (3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)), by 
     inserting ``(1)'' after ``1002(b)'';
       (4) in section 1204(a) (20 U.S.C. 6364(a)), by inserting 
     ``intensive'' after ``cost of providing'';
     
[[Page H1022]]

       (5) in section 1205(4) (20 U.S.C. 6365(4)), by inserting 
     ``, intensive'' after ``high-quality''; and
       (6) by adding at the end the following new section:

     ``SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIATIVES.

       ``(a) District of Columbia Program Authorized.--
       ``(1) In general.--In addition to any grant for the 
     District of Columbia authorized under section 1202, the 
     Secretary shall provide grants, on a competitive basis, to 
     eligible entities to enable such entities to carry out Even 
     Start programs in the District of Columbia that build on the 
     findings of the National Evaluation of the Even Start Family 
     Literacy Program, such as providing intensive services in 
     early childhood education, parent training, and adult 
     literacy or adult education.
       ``(2) Number of grants.--The Secretary shall award--
       ``(A) not more than 8 grants under this section for fiscal 
     year 1996;
       ``(B) not more than 14 grants under this section for fiscal 
     year 1997;
       ``(C) not more than 20 grants under this section for each 
     of the fiscal years 1998 and 1999; and
       ``(D) not more than 20 grants under this section, or such 
     number as the Secretary determines appropriate taking into 
     account the results of evaluations described in subsection 
     (i), for fiscal year 2000.
       ``(b) Definition.--For the purpose of this section, the 
     term `eligible entity' means a partnership composed of at 
     least--
       ``(1) a District of Columbia public school;
       ``(2) the local educational agency in existence on 
     September 1, 1995 for the District of Columbia, any other 
     public organization, 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))); and
       ``(3) a private nonprofit community-based organization.
       ``(c) Uses of Funds; Federal Share.--
       ``(1) Compliance.--Each eligible entity that receives funds 
     under this section shall comply with section 1204(a) and 
     1204(b)(3), relating to the use of such funds.
       ``(2) Federal share.--Each program funded under this 
     section is subject to the Federal share requirement of 
     section 1204(b)(1), except that the Secretary may waive that 
     requirement, in whole or in part, for any eligible entity 
     that demonstrates to the Secretary's satisfaction that such 
     entity otherwise would not be able to participate in the 
     program under this section.
       ``(3) Minimum.--Except as provided in paragraph (4), each 
     eligible entity selected to receive a grant under this 
     section shall receive not more than $250,000 in any fiscal 
     year, except that the Secretary may increase such amount if 
     the Secretary determines that--
       ``(A) such entity needs additional funds to be effective; 
     and
       ``(B) the increase will not reduce the amount of funds 
     available to other eligible entities that receive funds under 
     this section.
       ``(4) Remaining funds.--If funds remain after payments are 
     made under paragraph (3) for any fiscal year, the Secretary 
     shall make such remaining funds available to each eligible 
     entity receiving a grant under this section for such year in 
     an amount that bears the same relation to such funds as the 
     amount each such entity received under this section bears to 
     the amount all such entities received under this section.
       ``(d) Program Elements.--Each program assisted under this 
     section shall comply with the program elements described in 
     section 1205, including intensive high quality instruction 
     programs of early childhood education, parent training, and 
     adult literacy or adult education.
       ``(e) Eligible Participants.--
       ``(1) In general.--Individuals eligible to participate in a 
     program under this section are--
       ``(A) the parent or parents of a child described in 
     subparagraph (B), or any other adult who is substantially 
     involved in the day-to-day care of the child, if such parent 
     or adult--
       ``(i) is eligible to participate in an adult education 
     program under the Adult Education Act; or
       ``(ii) is attending, or is eligible by age to attend, a 
     District of Columbia public school; and
       ``(B) any child, from birth through age 7, of an individual 
     described in subparagraph (A).
       ``(2) Eligibility requirements.--The eligibility factors 
     described in section 1206(b) shall apply to programs under 
     this section, except that for purposes of this section--
       ``(A) the reference in paragraph (1) to subsection (a) 
     shall be read to refer to paragraph (1); and
       ``(B) references in such section to this part shall be read 
     to refer to this section.
       ``(f) Applications.--Each eligible entity that wishes to 
     receive a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(g) Selection of Grantees.--In awarding grants under this 
     section, the Secretary shall--
       ``(1) use the selection criteria described in subparagraphs 
     (A) through (F), and (H), of section 1208(a)(1); and
       ``(2) give priority to applications for programs that--
       ``(A) target services to schools in which a schoolwide 
     program is being conducted under section 1114; or
       ``(B) are located in areas designated as empowerment zones 
     or enterprise communities.
       ``(h) Duration of Programs.--The priority for subgrants 
     described in section 1208(a)(2), and the progress requirement 
     described in section 1208(b)(4), shall apply to grants made 
     under this section, except that--
       ``(1) references in those sections to the State educational 
     agency and to subgrants shall be read to refer to the 
     Secretary and to grants under this section, respectively; and
       ``(2) notwithstanding section 1208(b), the Secretary shall 
     not provide continuation funding to a grant recipient under 
     this section if the Secretary determines, after affording the 
     recipient notice and an opportunity for a hearing, that the 
     recipient has not made substantial progress in accomplishing 
     the objectives of this section.
       ``(i) Technical Assistance and Evaluation.--
       ``(1) Technical assistance.--(A) The Secretary shall use 
     not more than 5 percent of the amounts authorized under 
     section 1002(b)(2) for any fiscal year--
       ``(i) to provide technical assistance to eligible entities, 
     including providing funds to one or more District of Columbia 
     nonprofit organizations to enable such organizations to 
     provide technical assistance to eligible entities in the 
     areas of community development and coalition building; and
       ``(ii) for the evaluation conducted pursuant to paragraph 
     (2).
       ``(B) The Secretary shall allocate 5 percent of the amounts 
     authorized under section 1002(b)(2) for any fiscal year to 
     enter into a contract with the National Center for Family 
     Literacy for the provision of technical assistance to 
     eligible entities.
       ``(2) Evaluation.--(A) The Secretary shall use funds 
     available under paragraph (1)(A)--
       ``(i) to provide for independent evaluations of programs 
     under this section in order to determine the effectiveness of 
     such programs in providing high quality family literacy 
     services, including--
       ``(I) intensive and high quality early childhood education;
       ``(II) intensive and high quality services in adult 
     literacy or adult education;
       ``(III) intensive and high quality services in parent 
     training;
       ``(IV) coordination with related programs; and
       ``(V) training of related personnel in appropriate skill 
     areas; and
       ``(ii) to determine if the grant amount provided to 
     eligible recipients to carry out such projects is appropriate 
     to accomplish the objectives of this section.
       ``(B)(i) Such evaluation shall be conducted by individuals 
     not directly involved in the administration of a program 
     operated with funds provided under this section. Such 
     independent evaluators and the program administrators shall 
     jointly develop evaluation criteria which provide for 
     appropriate analysis of the factors listed in subparagraph 
     (A).
       ``(ii) In order to determine a program's effectiveness, 
     each evaluation shall contain objective measures of such 
     effectiveness, and whenever feasible, shall contain the 
     specific views of program participants about such programs.
       ``(C) The Secretary shall prepare and submit to the 
     appropriate congressional committees a report regarding the 
     results of such evaluations not later than March 1, 1999. The 
     Secretary shall provide an interim report regarding the 
     results of such evaluations by March 1, 1998.''.

 Subtitle D--World Class Schools Task Force, Core Curriculum, Content 
              Standards, Assessments, and Promotion Gates

   PART 1--WORLD CLASS SCHOOLS TASK FORCE, CORE CURRICULUM, CONTENT 
                       STANDARDS, AND ASSESSMENTS

     SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.

       (a) Grant Authorized.--
       (1) In general.--The Superintendent is authorized to award 
     a grant to a World Class Schools Task Force to enable such 
     task force to make the recommendation described in subsection 
     (b).
       (2) Definition.--For the purpose of this subtitle, the term 
     ``World Class Schools Task Force'' means 1 nonprofit 
     organization located in the District of Columbia that--
       (A) has a national reputation for advocating content 
     standards;
       (B) has a national reputation for advocating a strong 
     liberal arts curriculum;
       (C) has experience with at least 4 urban school districts 
     for the purpose of establishing content standards;
       (D) has developed and managed professional development 
     programs in science, mathematics, the humanities and the 
     arts; and
       (E) is governed by an independent board of directors 
     composed of citizens with a variety of experiences in 
     education and public policy.
       (b) Recommendation Required.--
       (1) In general.--The World Class Schools Task Force shall 
     recommend to the Superintendent, the Board of Education, and 
     the District of Columbia Goals Panel the following:
       (A) Content standards in the core academic subjects that 
     are developed by working with the District of Columbia 
     community, which standards shall be developed not later than 
     12 months after the date of enactment of this Act.
       (B) A core curriculum developed by working with the 
     District of Columbia community, which curriculum shall 
     include the teaching of computer skills.
       (C) Districtwide assessments for measuring student 
     achievement in accordance with content standards developed 
     under subparagraph (A). Such assessments shall be developed 
     at several grade levels, including at a minimum, the grade 
     levels with respect to which the Superintendent establishes 
     promotion gates under section 2421. To the extent feasible, 
     such assessments shall, at a minimum, be designed to provide 
     information that permits comparisons between--
       (i) individual District of Columbia public schools and 
     public charter schools; and
       (ii) individual students attending such schools.
       (D) Model professional development programs for teachers 
     using the standards and curriculum developed under 
     subparagraphs (A) and (B).
     
[[Page H1023]]

       (2) Special rule.--The World Class Schools Task Force is 
     encouraged, to the extent practicable, to develop 
     districtwide assessments described in paragraph (1)(C) that 
     permit comparisons among--
       (A) individual District of Columbia public schools and 
     public charter schools, and individual students attending 
     such schools; and
       (B) students of other nations.
       (c) Content.--The content standards and assessments 
     recommended under subsection (b) shall be judged by the World 
     Class Schools Task Force to be world class, including having 
     a level of quality and rigor, or being analogous to content 
     standards and assessments of other States or nations 
     (including nations whose students historically score high on 
     international studies of student achievement).
       (d) Submission to Board of Education for Adoption.--If the 
     content standards, curriculum, assessments, and programs 
     recommended under subsection (b) are approved by the 
     Superintendent, the Superintendent may submit such content 
     standards, curriculum, assessments, and programs to the Board 
     of Education for adoption.

     SEC. 2412. CONSULTATION.

       The World Class Schools Task Force shall conduct its duties 
     under this part in consultation with--
       (1) the District of Columbia Goals Panel;
       (2) officials of the District of Columbia public schools 
     who have been identified by the Superintendent as having 
     responsibilities relevant to this part, including the Deputy 
     Superintendent for Curriculum;
       (3) the District of Columbia community, with particular 
     attention given to educators, and parent and business 
     organizations; and
       (4) any other persons or groups that the task force deems 
     appropriate.

     SEC. 2413. ADMINISTRATIVE PROVISIONS.

       The World Class Schools Task Force shall ensure public 
     access to its proceedings (other than proceedings, or 
     portions of proceedings, relating to internal personnel and 
     management matters) that are relevant to its duties under 
     this part and shall make available to the public, at 
     reasonable cost, transcripts of such proceedings.

     SEC. 2414. CONSULTANTS.

       Upon the request of the World Class Schools Task Force, the 
     head of any department or agency of the Federal Government 
     may detail any of the personnel of such agency to such task 
     force to assist such task force in carrying out such task 
     force's duties under this part.

     SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $2,000,000 for 
     fiscal year 1996 to carry out this part. Such funds shall 
     remain available until expended.

                        PART 2--PROMOTION GATES

     SEC. 2421. PROMOTION GATES.

       (a) Kindergarten Through 4th Grade.--Not later than one 
     year after the date of adoption in accordance with section 
     2411(d) of the assessments described in section 
     2411(b)(1)(C), the Superintendent shall establish and 
     implement promotion gates for mathematics, reading, and 
     writing, for not less than 1 grade level from kindergarten 
     through grade 4, including at least grade 4, and shall 
     establish dates for establishing such other promotion gates 
     for other subject areas.
       (b) 5th Through 8th Grades.--Not later than one year after 
     the adoption in accordance with section 2411(d) of the 
     assessments described in section 2411(b)(1)(C), the 
     Superintendent shall establish and implement promotion gates 
     with respect to not less than one grade level from grade 5 
     through grade 8, including at least grade 8.
       (c) 9th Through 12th Grades.--Not later than one year after 
     the adoption in accordance with section 2411(d) of the 
     assessments described in section 2411(b)(1)(C), the 
     Superintendent shall establish and implement promotion gates 
     with respect to not less than one grade level from grade 9 
     through grade 12, including at least grade 12.
 Subtitle E--Per Capita District of Columbia Public School and Public 
                         Charter School Funding

     SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

       (a) In General.--For fiscal year 1997 and for each 
     subsequent fiscal year, the Mayor shall make annual payments 
     from the general fund of the District of Columbia in 
     accordance with the formula established under subsection (b).
       (b) Formula.--
       (1) In general.--The Mayor and the District of Columbia 
     Council, in consultation with the Board of Education and the 
     Superintendent, shall establish on or before April 15, 1996, 
     a formula to determine the amount of--
       (A) the annual payment to the Board of Education for the 
     operating expenses of the District of Columbia public 
     schools, which for purposes of this paragraph includes the 
     operating expenses of the Board of Education and the Office 
     of the Superintendent; and
       (B) the annual payment to each public charter school for 
     the operating expenses of each public charter school.
       (2) Formula calculation.--Except as provided in paragraph 
     (3), the amount of the annual payment under paragraph (1) 
     shall be calculated by multiplying a uniform dollar amount 
     used in the formula established under such paragraph by--
       (A) the number of students calculated under section 2502 
     that are enrolled at District of Columbia public schools, in 
     the case of the payment under paragraph (1)(A); or
       (B) the number of students calculated under section 2502 
     that are enrolled at each public charter school, in the case 
     of a payment under paragraph (1)(B).
       (3) Exceptions.--
       (A) Formula.--Notwithstanding paragraph (2), the Mayor and 
     the District of Columbia Council, in consultation with the 
     Board of Education and the Superintendent, may adjust the 
     formula to increase or decrease the amount of the annual 
     payment to the District of Columbia public schools or each 
     public charter school based on a calculation of--
       (i) the number of students served by such schools in 
     certain grade levels; and
       (ii) the cost of educating students at such certain grade 
     levels.
       (B) Payment.--Notwithstanding paragraph (2), the Mayor and 
     the District of Columbia Council, in consultation with the 
     Board of Education and the Superintendent, may adjust the 
     amount of the annual payment under paragraph (1) to increase 
     the amount of such payment if a District of Columbia public 
     school or a public charter school serves a high number of 
     students--
       (i) with special needs; or
       (ii) who do not meet minimum literacy standards.

     SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

       (a) School Reporting Requirement.--
       (1) In general.--Not later than September 15, 1996, and not 
     later than September 15 of each year thereafter, each 
     District of Columbia public school and public charter school 
     shall submit a report to the Mayor and the Board of Education 
     containing the information described in subsection (b) that 
     is applicable to such school.
       (2) Special rule.--Not later than April 1, 1997, and not 
     later than April 1 of each year thereafter, each public 
     charter school shall submit a report in the same form and 
     manner as described in paragraph (1) to ensure accurate 
     payment under section 2503(a)(2)(B)(ii).
       (b) Calculation of Number of Students.--Not later than 30 
     days after the date of the enactment of this Act, and not 
     later than October 15 of each year thereafter, the Board of 
     Education shall calculate the following:
       (1) The number of students, including nonresident students 
     and students with special needs, enrolled in each grade from 
     kindergarten through grade 12 of the District of Columbia 
     public schools and in public charter schools, and the number 
     of students whose tuition for enrollment in other schools is 
     paid for with funds available to the District of Columbia 
     public schools.
       (2) The amount of fees and tuition assessed and collected 
     from the nonresident students described in paragraph (1).
       (3) The number of students, including nonresident students, 
     enrolled in preschool and prekindergarten in the District of 
     Columbia public schools and in public charter schools.
       (4) The amount of fees and tuition assessed and collected 
     from the nonresident students described in paragraph (3).
       (5) The number of full time equivalent adult students 
     enrolled in adult, community, continuing, and vocational 
     education programs in the District of Columbia public schools 
     and in public charter schools.
       (6) The amount of fees and tuition assessed and collected 
     from resident and nonresident adult students described in 
     paragraph (5).
       (7) The number of students, including nonresident students, 
     enrolled in nongrade level programs in District of Columbia 
     public schools and in public charter schools.
       (8) The amount of fees and tuition assessed and collected 
     from nonresident students described in paragraph (7).
       (c) Annual Reports.--Not later than 30 days after the date 
     of the enactment of this Act, and not later than October 15 
     of each year thereafter, the Board of Education shall prepare 
     and submit to the Authority, the Mayor, the District of 
     Columbia Council, the Consensus Commission, the Comptroller 
     General of the United States, and the appropriate 
     congressional committees a report containing a summary of the 
     most recent calculations made under subsection (b).
       (d) Audit of Initial Calculations.--
       (1) In general.--The Board of Education shall arrange with 
     the Authority to provide for the conduct of an independent 
     audit of the initial calculations described in subsection 
     (b).
       (2) Conduct of audit.--In conducting the audit, the 
     independent auditor--
       (A) shall provide an opinion as to the accuracy of the 
     information contained in the report described in subsection 
     (c); and
       (B) shall identify any material weaknesses in the systems, 
     procedures, or methodology used by the Board of Education--
       (i) in determining the number of students, including 
     nonresident students, enrolled in the District of Columbia 
     public schools and in public charter schools, and the number 
     of students whose tuition for enrollment in other school 
     systems is paid for by funds available to the District of 
     Columbia public schools; and
       (ii) in assessing and collecting fees and tuition from 
     nonresident students.
       (3) Submission of audit.--Not later than 45 days, or as 
     soon thereafter as is practicable, after the date on which 
     the Authority receives the initial annual report from the 
     Board of Education under subsection (c), the Authority shall 
     submit to the Board of Education, the Mayor, the District of 
     Columbia Council, and the appropriate congressional 
     committees, the audit conducted under this subsection.
       (4) Cost of the audit.--The Board of Education shall 
     reimburse the Authority for the cost of the independent 
     audit, solely from amounts appropriated to the Board of 
     Education for staff, stipends, and other-than-personal-
     services of the Board of Education by an Act making 
     appropriations for the District of Columbia.

     SEC. 2503. PAYMENTS.

       (a) In General.--
       (1) Escrow for public charter schools.--Except as provided 
     in subsection (b), for any fiscal year, not later than 10 
     days after the date of 

[[Page H1024]]
     enactment of an Act making appropriations for the District of Columbia 
     for such fiscal year, the Mayor shall place in escrow an 
     amount equal to the aggregate of the amounts determined under 
     section 2501(b)(1)(B) for use only by District of Columbia 
     public charter schools.
       (2) Transfer of escrow funds.--
       (A) Initial payment.--Not later than October 15, 1996, and 
     not later than October 15 of each year thereafter, the Mayor 
     shall transfer, by electronic funds transfer, an amount equal 
     to 75 percent of the amount of the annual payment for each 
     public charter school determined by using the formula 
     established pursuant to section 2501(b) to a bank designated 
     by such school.
       (B) Final payment.--
       (i) Except as provided in clause (ii), not later than May 
     1, 1997, and not later than May 1 of each year thereafter, 
     the Mayor shall transfer the remainder of the annual payment 
     for a public charter school in the same manner as the initial 
     payment was made under subparagraph (A).
       (ii) Not later than March 15, 1997, and not later than 
     March 15 of each year thereafter, if the enrollment number of 
     a public charter school has changed from the number reported 
     to the Mayor and the Board of Education, as required under 
     section 2502(a), the Mayor shall increase the payment in an 
     amount equal to 50 percent of the amount provided for each 
     student who has enrolled in such school in excess of such 
     enrollment number, or shall reduce the payment in an amount 
     equal to 50 percent of the amount provided for each student 
     who has withdrawn or dropped out of such school below such 
     enrollment number.
       (C) Pro rata reduction or increase in payments.--
       (i) Pro rata reduction.--If the funds made available to the 
     District of Columbia Government for the District of Columbia 
     public school system and each public charter school for any 
     fiscal year are insufficient to pay the full amount that such 
     system and each public charter school is eligible to receive 
     under this subtitle for such year, the Mayor shall ratably 
     reduce such amounts for such year on the basis of the formula 
     described in section 2501(b).
       (ii) Increase.--If additional funds become available for 
     making payments under this subtitle for such fiscal year, 
     amounts that were reduced under subparagraph (A) shall be 
     increased on the same basis as such amounts were reduced.
       (D) Unexpended funds.--Any funds that remain in the escrow 
     account for public charter schools on September 30 of a 
     fiscal year shall revert to the general fund of the District 
     of Columbia.
       (b) Exception for New Schools.--
       (1) Authorization.--There are authorized to be appropriated 
     $200,000 for each fiscal year to carry out this subsection.
       (2) Disbursement to mayor.--The Secretary of the Treasury 
     shall make available and disburse to the Mayor, not later 
     than August 1 of each of the fiscal years 1996 through 2000, 
     such funds as have been appropriated under paragraph (1).
       (3) Escrow.--The Mayor shall place in escrow, for use by 
     public charter schools, any sum disbursed under paragraph (2) 
     and not paid under paragraph (4).
       (4) Payments to schools.--The Mayor shall pay to public 
     charter schools described in paragraph (5), in accordance 
     with this subsection, any sum disbursed under paragraph (2).
       (5) Schools described.--The schools referred to in 
     paragraph (4) are public charter schools that--
       (A) did not operate as public charter schools during any 
     portion of the fiscal year preceding the fiscal year for 
     which funds are authorized to be appropriated under paragraph 
     (1); and
       (B) operated as public charter schools during the fiscal 
     year for which funds are authorized to be appropriated under 
     paragraph (1).
       (6) Formula.--
       (A) 1996.--The amount of the payment to a public charter 
     school described in paragraph (5) that begins operation in 
     fiscal year 1996 shall be calculated by multiplying $6,300 by 
     \1/12\ of the total anticipated enrollment as set forth in 
     the petition to establish the public charter school; and
       (B) 1997 through 2000.--The amount of the payment to a 
     public charter school described in paragraph (5) that begins 
     operation in any of fiscal years 1997 through 2000 shall be 
     calculated by multiplying the uniform dollar amount used in 
     the formula established under section 2501(b) by \1/12\ of 
     the total anticipated enrollment as set forth in the petition 
     to establish the public charter school.
       (7) Payment to schools.--
       (A) Transfer.--On September 1 of each of the years 1996 
     through 2000, the Mayor shall transfer, by electronic funds 
     transfer, the amount determined under paragraph (6) for each 
     public charter school from the escrow account established 
     under subsection (a) to a bank designated by each such 
     school.
       (B) Pro rata and remaining funds.--Subparagraphs (C) and 
     (D) of subsection (a)(2) shall apply to payments made under 
     this subsection, except that for purposes of this 
     subparagraph references to District of Columbia public 
     schools in such subparagraphs (C) and (D) shall be read to 
     refer to public charter schools.
          Subtitle F--School Facilities Repair and Improvement

     SEC. 2550. DEFINITIONS.

       For purposes of this subtitle--
       (1) the term ``facilities'' means buildings, structures, 
     and real property of the District of Columbia public schools, 
     except that such term does not include any administrative 
     office building that is not located in a building containing 
     classrooms; and
       (2) the term ``repair and improvement'' includes 
     administration, construction, and renovation.

                       PART 1--SCHOOL FACILITIES

     SEC. 2551. TECHNICAL ASSISTANCE.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act the Administrator of the General 
     Services Administration shall enter into a Memorandum of 
     Agreement or Understanding (referred to in this subtitle as 
     the ``Agreement'') with the Superintendent regarding the 
     terms under which the Administrator will provide technical 
     assistance and related services with respect to District of 
     Columbia public schools facilities management in accordance 
     with this section.
       (b) Technical Assistance and Related Services.--The 
     technical assistance and related services described in 
     subsection (a) shall include--
       (1) the Administrator consulting with and advising District 
     of Columbia public school personnel responsible for public 
     schools facilities management, including repair and 
     improvement with respect to facilities management of such 
     schools;
       (2) the Administrator assisting the Superintendent in 
     developing a systemic and comprehensive facilities 
     revitalization program, for the repair and improvement of 
     District of Columbia public school facilities, which program 
     shall--
       (A) include a list of facilities to be repaired and 
     improved in a recommended order of priority;
       (B) provide the repair and improvement required to support 
     modern technology; and
       (C) take into account the Preliminary Facilities Master 
     Plan 2005 (prepared by the Superintendent's Task Force on 
     Education Infrastructure for the 21st Century);
       (3) the method by which the Superintendent will accept 
     donations of private goods and services for use by the 
     District of Columbia public schools without regard to any law 
     or regulation of the District of Columbia;
       (4) the Administrator recommending specific repair and 
     improvement projects in District of Columbia public school 
     facilities to the Superintendent that are appropriate for 
     completion by members and units of the National Guard and the 
     Reserves in accordance with the program developed under 
     paragraph (2);
       (5) upon the request of the Superintendent, the 
     Administrator assisting the appropriate District of Columbia 
     public school officials in the preparation of an action plan 
     for the performance of any repair and improvement recommended 
     in the program developed under paragraph (2), which action 
     plan shall detail the technical assistance and related 
     services the Administrator proposes to provide in the 
     accomplishment of the repair and improvement;
       (6) upon the request of the Superintendent, and if 
     consistent with the efficient use of resources as determined 
     by the Administrator, the coordination of the accomplishment 
     of any repair and improvement in accordance with the action 
     plan prepared under paragraph (5), except that in carrying 
     out this paragraph, the Administrator shall not be subject to 
     the requirements of title III of the Federal Property and 
     Administrative Services Act of 1949 (42 U.S.C. 471 et seq.), 
     the Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), or any other law governing procurements or public 
     contracts, nor shall such action plan be subject to review 
     under the bid protest procedures described in sections 3551 
     through 3556 of title 31, United States Code, or the Contract 
     Disputes Act of 1978 (41 U.S.C. 601 et seq.);
       (7) providing access for the Administrator to all District 
     of Columbia public school facilities as well as permitting 
     the Administrator to request and obtain any record or 
     document regarding such facilities as the Administrator 
     determines necessary, except that any such record or document 
     shall not become a record (as defined in section 552a of 
     title 5, United States Code) of the General Services 
     Administration; and
       (8) the Administrator making recommendations regarding how 
     District of Columbia public school facilities may be used by 
     the District of Columbia community for multiple purposes.
       (c) Agreement Provisions.--The Agreement shall include--
       (1) the procedures by which the Superintendent and 
     Administrator will consult with respect to carrying out this 
     section, including reasonable time frames for such 
     consultation;
       (2) the scope of the technical assistance and related 
     services to be provided by the General Services 
     Administration in accordance with this section;
       (3) assurances by the Administrator and the Superintendent 
     to cooperate with each other in any way necessary to ensure 
     implementation of the Agreement, including assurances that 
     funds available to the District of Columbia shall be used to 
     pay the obligations of the District of Columbia public school 
     system that are incurred as a result of actions taken under, 
     or in furtherance of, the Agreement, in addition to funds 
     available to the Administrator for purposes of this section; 
     and
       (4) the duration of the Agreement, except that in no event 
     shall the Agreement remain in effect later than the day that 
     is 24 months after the date that the Agreement is signed, or 
     the day that the agency designated pursuant to section 
     2552(a)(2) assumes responsibility for the District of 
     Columbia public school facilities, whichever day is earlier.
       (d) Limitation on Administrator's Liability.--No claim, 
     suit, or action may be brought against the Administrator in 
     connection with the discharge of the Administrator's 
     responsibilities under this subtitle.
       (e) Special Rule.--Notwithstanding any other provision of 
     law, the Administrator is authorized to accept and use a 
     conditioned gift 

[[Page H1025]]
     made for the express purpose of repairing or improving a District of 
     Columbia public school, except that the Administrator shall 
     not be required to carry out any repair or improvement under 
     this section unless the Administrator accepts a donation of 
     private goods or services sufficient to cover the costs of 
     such repair or improvement.
       (f) Effective Date.--This subtitle shall cease to be 
     effective on the earlier day specified in subsection (c)(4).

     SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

       (a) Program.--Not later than 24 months after the date that 
     the Agreement is signed, the Mayor and the District of 
     Columbia Council in consultation with the Administrator, the 
     Authority, the Board of Education, and the Superintendent, 
     shall--
       (1) design and implement a comprehensive long-term program 
     for the repair and improvement, and maintenance and 
     management, of the District of Columbia public school 
     facilities, which program shall incorporate the work 
     completed in accordance with the program described in section 
     2551(b)(2); and
       (2) designate a new or existing agency or authority within 
     the District of Columbia Government to administer such 
     program.
       (b) Proceeds.--Such program shall include--
       (1) identifying short-term funding for capital and 
     maintenance of facilities, which may include retaining 
     proceeds from the sale or lease of a District of Columbia 
     public school facility; and
       (2) identifying and designating long-term funding for 
     capital and maintenance of facilities.
       (c) Implementation.--Upon implementation of such program, 
     the agency or authority created or designated pursuant to 
     subsection (a)(2) shall assume authority and responsibility 
     for the repair and improvement, and maintenance and 
     management, of District of Columbia public schools.

     SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR ENGINEERING 
                   PLANS.

       There are authorized to be appropriated to the 
     Administrator, $500,000 for fiscal year 1996, which funds 
     only shall be available for the costs of engineering plans 
     developed to carry out this subtitle.

                            PART 2--WAIVERS

     SEC. 2561. WAIVERS.

       (a) In General.--
       (1) Requirements waived.--Subject to subsection (b), all 
     District of Columbia fees and all requirements contained in 
     the document entitled ``District of Columbia Public Schools 
     Standard Contract Provisions'' (as such document was in 
     effect on November 2, 1995 and including any revisions or 
     modifications to such document) published by the District of 
     Columbia public schools for use with construction or 
     maintenance projects, are waived, for purposes of repair and 
     improvement of District of Columbia public schools facilities 
     for a period beginning on the date of enactment of this Act 
     and ending 24 months after such date.
       (2) Donations and services.--Notwithstanding any other 
     provision of law, any employer may accept, and any person may 
     voluntarily donate, materials and services for the repair and 
     improvement of a District of Columbia public school facility.
       (b) Limitation.--A waiver under subsection (a) shall apply 
     only to a contractor, subcontractor, and any other group, 
     entity, or individual who donates materials and services for 
     the repair or improvement of a District of Columbia public 
     school facility.

            PART 3--GIFTS, DONATIONS, BEQUESTS, AND DEVISES

     SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.

       (a) In General.--A District of Columbia public school or a 
     public charter school may accept directly from any person a 
     gift, donation, bequest, or devise of any property, real or 
     personal, without regard to any law or regulation of the 
     District of Columbia.
       (b) Tax Laws.--For the purposes of the income tax, gift 
     tax, and estate tax laws of the Federal Government, any money 
     or other property given, donated, bequeathed, or devised to a 
     District of Columbia public school or a public charter 
     school, shall be deemed to have been given, donated, 
     bequeathed, or devised to or for the use of the District of 
     Columbia.
                     Subtitle G--Residential School

     SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

       (a) In General.--The Superintendent is authorized to 
     develop a plan to establish for the District of Columbia a 
     residential school for academic year 1997-1998 and to assist 
     in the startup of such school.
       (b) Plan Requirements.--If developed, the plan for the 
     residential school shall include, at a minimum--
       (1) options for the location of the school, including the 
     renovation or construction of a facility;
       (2) financial plans for the facility, including annual 
     costs to operate the school, capital expenditures required to 
     open the facility, maintenance of facilities, and staffing 
     costs; and
       (3) staff development and training plans.

     SEC. 2602. USE OF FUNDS.

       Funds under this subtitle may be used--
       (1) to develop the plan described in section 2601; and
       (2) for capital costs associated with the startup of a 
     residential school, including the purchase of real and 
     personal property and the renovation or construction of 
     facilities.

     SEC. 2603. FUTURE FUNDING.

       The Superintendent shall identify, not later than December 
     31, 1996, in a report to the Mayor, the District of Columbia 
     Council, the Authority, and the appropriate congressional 
     committees, non-Federal funding sources for the operation of 
     the residential school.

     SEC. 2604. GIFTS.

       The Superintendent may accept donations of money, property, 
     and personal services for purposes of the establishment and 
     operation of the residential school.

     SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

       (a) Plan.--There are authorized to be appropriated to the 
     District of Columbia $100,000 for fiscal year 1996 to develop 
     the plan described in section 2601.
       (b) Capital Costs.--There are authorized to be appropriated 
     $1,900,000 for fiscal year 1997 to carry out section 2602(2).

     SEC. 2606. ELIGIBILITY FOR SCHOLARSHIPS.

       Notwithstanding any other provision of law, the residential 
     school established under this subtitle shall be an eligible 
     institution for the purposes of scholarships awarded under 
     section 2923(d)(2).
            Subtitle H--Progress Reports and Accountability

     SEC. 2651. SUPERINTENDENT'S REPORT ON REFORMS.

       Not later than December 1, 1996, the Superintendent shall 
     submit to the appropriate congressional committees, the Board 
     of Education, the Mayor, the Consensus Commission, and the 
     District of Columbia Council a report regarding the progress 
     of the District of Columbia public schools toward achieving 
     the goals of the long-term reform plan.

     SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

       Not later than April 1, 1997, the Chairperson of the 
     District of Columbia Council shall submit to the appropriate 
     congressional committees a report describing legislative and 
     other actions the District of Columbia Council has taken or 
     will take to facilitate the implementation of the goals of 
     the long-term reform plan.
                 Subtitle I--Partnerships With Business

     SEC. 2701. PURPOSE.

       The purpose of this subtitle is--
       (1) to leverage private sector funds utilizing initial 
     Federal investments in order to provide students and teachers 
     within the District of Columbia public schools and public 
     charter schools with access to state-of-the-art educational 
     technology;
       (2) to establish a regional job training and employment 
     center;
       (3) to strengthen workforce preparation initiatives for 
     students within the District of Columbia public schools and 
     public charter schools;
       (4) to coordinate private sector investments in carrying 
     out this title; and
       (5) to assist the Superintendent with the development of 
     individual career paths in accordance with the long-term 
     reform plan.

     SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF 
                   COLUMBIA PUBLIC SCHOOLS.

       Not later than 45 days after the date of the enactment of 
     this Act, the Superintendent shall provide a grant to a 
     private, nonprofit corporation that meets the eligibility 
     criteria under section 2703 for the purposes of carrying out 
     the duties under sections 2704 and 2707.

     SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT 
                   CORPORATION.

       A private, nonprofit corporation shall be eligible to 
     receive a grant under section 2702 if the corporation is a 
     national business organization incorporated in the District 
     of Columbia, that--
       (1) has a board of directors which includes members who are 
     also chief executive officers of technology-related 
     corporations involved in education and workforce development 
     issues;
       (2) has extensive practical experience with initiatives 
     that link business resources and expertise with education and 
     training systems;
       (3) has experience in working with State and local 
     educational agencies throughout the United States with 
     respect to the integration of academic studies with workforce 
     preparation programs; and
       (4) has a nationwide structure through which additional 
     resources can be leveraged and innovative practices 
     disseminated.

     SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.

       (a) District Education and Learning Technologies 
     Advancement Council.--
       (1) Establishment.--The private, nonprofit corporation 
     shall establish a council to be known as the ``District 
     Education and Learning Technologies Advancement Council'' (in 
     this subtitle referred to as the ``council'').
       (2) Membership.--
       (A) In general.--The private, nonprofit corporation shall 
     appoint members to the council. An individual shall be 
     appointed as a member to the council on the basis of the 
     commitment of the individual, or the entity which the 
     individual is representing, to providing time, energy, and 
     resources to the council.
       (B) Compensation.--Members of the council shall serve 
     without compensation.
       (3) Duties.--The council--
       (A) shall advise the private, nonprofit corporation with 
     respect to the duties of the corporation under subsections 
     (b) through (e) of this section; and
       (B) shall assist the corporation in leveraging private 
     sector resources for the purpose of carrying out such duties.
       (b) Access to State-of-the-Art Educational Technology.--
       (1) In general.--The private, nonprofit corporation, in 
     conjunction with the Superintendent, students, parents, and 
     teachers, shall establish and implement strategies to ensure 
     access to state-of-the-art educational technology within the 
     District of Columbia public schools and public charter 
     schools.
       (2) Electronic data transfer system.--The private, 
     nonprofit corporation shall assist the 

[[Page H1026]]
     Superintendent in acquiring the necessary equipment, including computer 
     hardware and software, to establish an electronic data 
     transfer system. The private, nonprofit corporation shall 
     also assist in arranging for training of District of Columbia 
     public school employees in using such equipment.
       (3) Technology assessment.--
       (A) In general.--In establishing and implementing the 
     strategies under paragraph (1), the private, nonprofit 
     corporation, not later than September 1, 1996, shall provide 
     for an assessment of the availability, on the date of 
     enactment of this Act, of state-of-the-art educational 
     technology within the District of Columbia public schools and 
     public charter schools.
       (B) Conduct of assessment.--In providing for the assessment 
     under subparagraph (A), the private, nonprofit corporation--
       (i) shall provide for onsite inspections of the state-of-
     the-art educational technology within a minimum sampling of 
     District of Columbia public schools and public charter 
     schools; and
       (ii) shall ensure proper input from students, parents, 
     teachers, and other school officials through the use of focus 
     groups and other appropriate mechanisms.
       (C) Results of assessment.--The private, nonprofit 
     corporation shall ensure that the assessment carried out 
     under this paragraph provides, at a minimum, necessary 
     information on state-of-the-art educational technology within 
     the District of Columbia public schools and public charter 
     schools, including--
       (i) the extent to which typical District of Columbia public 
     schools have access to such state-of-the-art educational 
     technology and training for such technology;
       (ii) how such schools are using such technology;
       (iii) the need for additional technology and the need for 
     infrastructure for the implementation of such additional 
     technology;
       (iv) the need for computer hardware, software, training, 
     and funding for such additional technology or infrastructure; 
     and
       (v) the potential for computer linkages among District of 
     Columbia public schools and public charter schools.
       (4) Short-term technology plan.--
       (A) In general.--Based upon the results of the technology 
     assessment under paragraph (3), the private, nonprofit 
     corporation shall develop a 3-year plan that includes goals, 
     priorities, and strategies for obtaining the resources 
     necessary to implement strategies to ensure access to state-
     of-the-art educational technology within the District of 
     Columbia public schools and public charter schools.
       (B) Implementation.--The private, nonprofit corporation, in 
     conjunction with schools, students, parents, and teachers, 
     shall implement the plan developed under subparagraph (A).
       (5) Long-term technology plan.--Prior to the completion of 
     the implementation of the short-term technology plan under 
     paragraph (4), the private, nonprofit corporation shall 
     develop a plan under which the corporation will continue to 
     coordinate the donation of private sector resources for 
     maintaining the continuous improvement and upgrading of 
     state-of-the-art educational technology within the District 
     of Columbia public schools and public charter schools.
       (c) District Employment and Learning Center.--
       (1) Establishment.--The private, nonprofit corporation 
     shall establish a center to be known as the ``District 
     Employment and Learning Center'' (in this subtitle referred 
     to as the ``center''), which shall serve as a regional 
     institute providing job training and employment assistance.
       (2) Duties.--
       (A) Job training and employment assistance program.--The 
     center shall establish a program to provide job training and 
     employment assistance in the District of Columbia and shall 
     coordinate with career preparation programs in existence on 
     the date of enactment of this Act, such as vocational 
     education, school-to-work, and career academies in the 
     District of Columbia public schools.
       (B) Conduct of program.--In carrying out the program 
     established under subparagraph (A), the center--
       (i) shall provide job training and employment assistance to 
     youths who have attained the age of 18 but have not attained 
     the age of 26, who are residents of the District of Columbia, 
     and who are in need of such job training and employment 
     assistance for an appropriate period not to exceed 2 years;
       (ii) shall work to establish partnerships and enter into 
     agreements with appropriate agencies of the District of 
     Columbia Government to serve individuals participating in 
     appropriate Federal programs, including programs under the 
     Job Training Partnership Act (29 U.S.C. 1501 et seq.), the 
     Job Opportunities and Basic Skills Training Program under 
     part F of title IV of the Social Security Act (42 U.S.C. 681 
     et seq.), the Carl D. Perkins Vocational and Applied 
     Technology Education Act (20 U.S.C. 2301 et seq.), and the 
     School-to-Work Opportunities Act of 1994 (20 U.S.C. 6101 et 
     seq.);
       (iii) shall conduct such job training, as appropriate, 
     through a consortium of colleges, universities, community 
     colleges, businesses, and other appropriate providers, in the 
     District of Columbia metropolitan area;
       (iv) shall design modular training programs that allow 
     students to enter and leave the training curricula depending 
     on their opportunities for job assignments with employers; 
     and
       (v) shall utilize resources from businesses to enhance 
     work-based learning opportunities and facilitate access by 
     students to work-based learning and work experience through 
     temporary work assignments with employers in the District of 
     Columbia metropolitan area.
       (C) Compensation.--The center may provide compensation to 
     youths participating in the program under this paragraph for 
     part-time work assigned in conjunction with training. Such 
     compensation may include need-based payments and 
     reimbursement of expenses.
       (d) Workforce Preparation Initiatives.--
       (1) In general.--The private, nonprofit corporation shall 
     establish initiatives with the District of Columbia public 
     schools, and public charter schools, appropriate governmental 
     agencies, and businesses and other private entities, to 
     facilitate the integration of rigorous academic studies with 
     workforce preparation programs in District of Columbia public 
     schools and public charter schools.
       (2) Conduct of initiatives.--In carrying out the 
     initiatives under paragraph (1), the private, nonprofit 
     corporation shall, at a minimum, actively develop, expand, 
     and promote the following programs:
       (A) Career academy programs in secondary schools, as such 
     programs are established in certain District of Columbia 
     public schools, which provide a school-within-a-school 
     concept, focusing on career preparation and the integration 
     of the academy programs with vocational and technical 
     curriculum.
       (B) Programs carried out in the District of Columbia that 
     are funded under the School-to-Work Opportunities Act of 1994 
     (20 U.S.C. 6101 et seq.).
       (e) Professional Development Program for Teachers and 
     Administrators.--
       (1) Establishment of program.--The private, nonprofit 
     corporation shall establish a consortium consisting of the 
     corporation, teachers, school administrators, and the 
     consortium of universities located in the District of 
     Columbia (in existence on the date of the enactment of this 
     Act), for the purpose of establishing a program for the 
     professional development of teachers and school 
     administrators employed by the District of Columbia public 
     schools and public charter schools.
       (2) Conduct of program.--In carrying out the program 
     established under paragraph (1), the consortium established 
     under such paragraph, in consultation with the task force 
     established under subtitle D and the Superintendent, at a 
     minimum, shall provide for the following:
       (A) Professional development for teachers consistent with 
     the model professional development programs for teachers 
     under section 2411(b)(4), or consistent with the core 
     curriculum developed by the Superintendent under section 
     2411(b)(2), as the case may be, except that for fiscal year 
     1996, such professional development shall focus on curriculum 
     for elementary school grades in reading and mathematics that 
     have been demonstrated to be effective for students from low-
     income backgrounds.
       (B) Professional development for principals, with a special 
     emphasis on middle school principals, focusing on effective 
     practices that reduce the number of students who drop out of 
     school.
       (C) Private sector training of teachers in the use, 
     application, and operation of state-of-the-art technology in 
     education.
       (D) Training for school principals and other school 
     administrators in effective private sector management 
     practices for the purpose of site-based management in the 
     District of Columbia public schools, and training in the 
     management of public charter schools established in 
     accordance with this title.

     SEC. 2705. MATCHING FUNDS.

       The private, nonprofit corporation, to the extent 
     practicable, shall provide matching funds, or in-kind 
     contributions, or a combination thereof, for the purpose of 
     carrying out the duties of the corporation under section 
     2704, as follows:
       (1) For fiscal year 1996, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $1 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.
       (2) For fiscal year 1997, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $3 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.
       (3) For fiscal year 1998, the nonprofit corporation shall 
     provide matching funds or in-kind contributions of $5 for 
     every $1 of Federal funds provided under this subtitle for 
     such year for activities under section 2704.

     SEC. 2706. REPORT.

       The private, nonprofit corporation shall prepare and submit 
     to the appropriate congressional committees on a quarterly 
     basis, or, with respect to fiscal year 1996, on a biannual 
     basis, a report which shall contain--
       (1) the activities the corporation has carried out, 
     including the duties of the corporation described in section 
     2704, for the 3-month period ending on the date of the 
     submission of the report, or, with respect to fiscal year 
     1996, the 6-month period ending on the date of the submission 
     of the report;
       (2) an assessment of the use of funds or other resources 
     donated to the corporation;
       (3) the results of the assessment carried out under section 
     2704(b)(3); and
       (4) a description of the goals and priorities of the 
     corporation for the 3-month period beginning on the date of 
     the submission of the report, or, with respect to fiscal year 
     1996, the 6-month period beginning on the date of the 
     submission of the report.

     SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.

       (a) In General.--The nonprofit corporation shall establish 
     a program, to be known as the ``Jobs for D.C. Graduates 
     Program'', to assist District of Columbia public schools and 
     public charter schools in organizing and implementing a 
     school-to-work transition system, which system shall give 
     priority to providing assistance to at-risk youths and 
     disadvantaged youths.
       (b) Conduct of Program.--In carrying out the program 
     established under subsection (a), 

[[Page H1027]]
     the nonprofit corporation, consistent with the policies of the 
     nationally recognized Jobs for America's Graduates, Inc., 
     shall--
       (1) establish performance standards for such program;
       (2) provide ongoing enhancement and improvements in such 
     program;
       (3) provide research and reports on the results of such 
     program; and
       (4) provide preservice and inservice training.

     SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--
       (1) Delta council; access to state-of-the-art educational 
     technology; and workforce preparation initiatives.--There are 
     authorized to be appropriated to carry out subsections (a), 
     (b), and (d) of section 2704, $1,000,000 for each of the 
     fiscal years 1996, 1997, and 1998.
       (2) Deal center.--There are authorized to be appropriated 
     to carry out section 2704(c), $2,000,000 for each of the 
     fiscal years 1996, 1997, and 1998.
       (3) Professional development program for teachers and 
     administrators.--There are authorized to be appropriated to 
     carry out section 2704(e), $1,000,000 for each of the fiscal 
     years 1996, 1997, and 1998.
       (4) Jobs for d.c. graduates program.--There are authorized 
     to be appropriated to carry out section 2707--
       (A) $2,000,000 for fiscal year 1996; and
       (B) $3,000,000 for each of the fiscal years 1997 through 
     2000.
       (b) Availability.--Amounts authorized to be appropriated 
     under subsection (a) are authorized to remain available until 
     expended.

     SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE 
                   CONGRESS RELATING TO CONTINUATION OF 
                   ACTIVITIES.

       (a) Termination of Federal Support.--The authority under 
     this subtitle to provide assistance to the private, nonprofit 
     corporation or any other entity established pursuant to this 
     subtitle shall terminate on October 1, 1998.
       (b) Sense of the Congress Relating to Continuation of 
     Activities.--It is the sense of the Congress that--
       (1) the activities of the private, nonprofit corporation 
     under section 2704 should continue to be carried out after 
     October 1, 1998, with resources made available from the 
     private sector; and
       (2) the corporation should provide oversight and 
     coordination for such activities after such date.
            Subtitle J--Management and Fiscal Accountability

     SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

       (a) Food Services and Security Services.--Notwithstanding 
     any other law, rule, or regulation, the Board of Education 
     shall enter into a contract for academic year 1995-1996 and 
     each succeeding academic year, for the provision of all food 
     services operations and security services for the District of 
     Columbia public schools, unless the Superintendent determines 
     that it is not feasible and provides the Superintendent's 
     reasons in writing to the Board of Education and the 
     Authority.
       (b) Development of New Management and Data Systems.--
     Notwithstanding any other law, rule, or regulation, the Board 
     of Education shall, in academic year 1995-1996, consult with 
     the Authority on the development of new management and data 
     systems, as well as training of personnel to use and manage 
     the systems in areas of budget, finance, personnel and human 
     resources, management information services, procurement, 
     supply management, and other systems recommended by the 
     Authority. Such plans shall be consistent with, and 
     contemporaneous to, the District of Columbia Government's 
     development and implementation of a replacement for the 
     financial management system for the District of Columbia 
     Government in use on the date of enactment of this Act.
       (c) Fiscal Year 1996 for Management and Data Systems.--Not 
     less than $1,500,000 of the amount appropriated under title I 
     of this Act for staff, stipends, and other-than-personal-
     services of the Board of Education shall be available to 
     carry out subsection (b).

     SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

       (a) In General.--The Board of Education shall annually 
     compile an accurate and verifiable report on the positions 
     and employees in the District of Columbia public school 
     system. The annual report shall set forth--
       (1) the number of validated schedule A positions in the 
     District of Columbia public schools for fiscal year 1995, 
     fiscal year 1996, and thereafter on a full-time equivalent 
     basis, including a compilation of all positions by control 
     center, responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the District of 
     Columbia public schools as of December 31, of the year 
     preceding the year for which the report is made, 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) Submission.--The annual report required by subsection 
     (a) shall be submitted to the Congress, the Mayor, the 
     District of Columbia Council, the Consensus Commission, and 
     the Authority, not later than February 8, 1996, and each 
     February 8 thereafter.

     SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

       (a) In General.--Not later than October 1, 1996, or prior 
     to 15 calendar days after the date of the enactment of the 
     District of Columbia Appropriations Act, 1996, whichever 
     occurs first, and each succeeding year thereafter, the Board 
     of Education shall submit to the appropriate congressional 
     committees, the Mayor, the District of Columbia Council, the 
     Consensus Commission, and the Authority, a revised 
     appropriated funds operating budget for the District of 
     Columbia public school system for such fiscal year that is 
     consistent with the total amount appropriated in an Act 
     making appropriations for the District of Columbia for such 
     fiscal year and that realigns budgeted data for personal 
     services and other than personal services, with anticipated 
     actual expenditures.
       (b) Submission.--The revised budget required by subsection 
     (a) shall be submitted in the format of the budget that the 
     Board of Education submits to the Mayor for inclusion in the 
     Mayor's budget submission to the District of Columbia Council 
     pursuant to section 442 of the District of Columbia Self-
     Government and Governmental Reorganization Act, Public Law 
     93-198 (D.C. Code, sec. 47-301).

     SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

       (a) In General.--The budget, financial-accounting, 
     personnel, payroll, procurement, and management information 
     systems of the District of Columbia public schools shall be 
     coordinated and interface with related systems of the 
     District of Columbia Government.
       (b) Access.--The Board of Education shall provide read-only 
     access to its internal financial management systems and all 
     other data bases to designated staff of the Mayor, the 
     Council, the Authority, and appropriate congressional 
     committees.

     SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.

       (a) In General.--The Board of Education shall develop its 
     fiscal year 1997 gross operating budget and its fiscal year 
     1997 appropriated funds budget request in accordance with 
     this section.
       (b) Fiscal Year 1996 Budget Revision.--Not later than 
     February 15, 1996, the Board of Education shall develop, 
     approve, and submit to the Mayor, the District of Columbia 
     Council, the Authority, and appropriate congressional 
     committees, a revised fiscal year 1996 gross operating budget 
     that reflects the amount appropriated in the District of 
     Columbia Appropriations Act, 1996, and which--
       (1) is broken out on the basis of appropriated funds and 
     nonappropriated funds, control center, responsibility center, 
     agency reporting code, object class, and object; and
       (2) indicates by position title, grade, and agency 
     reporting code, all staff allocated to each District of 
     Columbia public school as of October 15, 1995, and indicates 
     on an object class basis all other-than-personal-services 
     financial resources allocated to each school.
       (c) Zero-Base Budget.--For fiscal year 1997, the Board of 
     Education shall build its gross operating budget and 
     appropriated funds request from a zero-base, starting from 
     the local school level through the central office level.
       (d) School-by-School Budgets.--The Board of Education's 
     initial fiscal year 1997 gross operating budget and 
     appropriated funds budget request submitted to the Mayor, the 
     District of Columbia Council, and the Authority shall contain 
     school-by-school budgets and shall also--
       (1) be broken out on the basis of appropriated funds and 
     nonappropriated funds, control center, responsibility center, 
     agency reporting code, object class, and object;
       (2) indicate by position title, grade, and agency reporting 
     code all staff budgeted for each District of Columbia public 
     school, and indicate on an object class basis all other-than-
     personal-services financial resources allocated to each 
     school; and
       (3) indicate the amount and reason for all changes made to 
     the initial fiscal year 1997 gross operating budget and 
     appropriated funds request from the revised fiscal year 1996 
     gross operating budget required by subsection (b).

     SEC. 2756. TECHNICAL AMENDMENTS.

       Section 1120A of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6322) is amended--
       (1) in subsection (b)(1), by--
       (A) striking ``(A) Except as provided in subparagraph (B), 
     a State'' and inserting ``A State''; and
       (B) striking subparagraph (B); and
       (2) by adding at the end thereof the following new 
     subsection:
       ``(d) Exclusion of Funds.--For the purpose of complying 
     with subsections (b) and (c), a State or local educational 
     agency may exclude supplemental State or local funds expended 
     in any school attendance area or school for programs that 
     meet the intent and purposes of this part.''.
 Subtitle K--Personal Accountability and Preservation of School-Based 
                               Resources

     SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.

       (a) Restrictions on Reductions of School-Based Employees.--
     To the extent that a reduction in the number of full-time 
     equivalent positions for the District of Columbia public 
     schools is required to remain within the number of full-time 
     equivalent positions established for the public schools in 
     appropriations Acts, no reductions shall be made from the 
     full-time equivalent positions for school-based teachers, 
     principals, counselors, librarians, or other school-based 
     educational positions that were established as of the end of 
     fiscal year 1995, unless the Authority makes a determination 
     based on student enrollment that--
       (1) fewer school-based positions are needed to maintain 
     established pupil-to-staff ratios; or
       (2) reductions in positions for other than school-based 
     employees are not practicable.
       (b) Definition.--The term ``school-based educational 
     position'' means a position located at a District of Columbia 
     public school or other position providing direct support to 
     students at such a school, including a position for a 
     clerical, 

[[Page H1028]]
     stenographic, or secretarial employee, but not including any part-time 
     educational aide position.

     SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-
                   FORCE PROCEDURES.

       The District of Columbia Government Comprehensive Merit 
     Personnel Act of 1978 (D.C. Code, sec. 1-601.1 et seq.) is 
     amended--
       (1) in section 301 (D.C. Code, sec. 1.603.1)--
       (A) by inserting after paragraph (13), the following new 
     paragraph:
       ``(13A) The term `nonschool-based personnel' means any 
     employee of the District of Columbia public schools who is 
     not based at a local school or who does not provide direct 
     services to individual students.''; and
       (B) by inserting after paragraph (15), the following new 
     paragraph:
       ``(15A) The term `school administrators' means principals, 
     assistant principals, school program directors, coordinators, 
     instructional supervisors, and support personnel of the 
     District of Columbia public schools.'';
       (2) in section 801A(b)(2) (D.C. Code, sec. 1-
     609.1(b)(2)(L)--
       (A) by striking ``(L) reduction-in-force'' and inserting 
     ``(L)(i) reduction-in-force''; and
       (B) by inserting after subparagraph (L)(i), the following 
     new clause:
       ``(ii) Notwithstanding any other provision of law, the 
     Board of Education shall not issue rules that require or 
     permit nonschool-based personnel or school administrators to 
     be assigned or reassigned to the same competitive level as 
     classroom teachers;''; and
       (3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at 
     the end the following new subsection:
       ``(f) Notwithstanding any other provision of law, the Board 
     of Education shall not require or permit nonschool-based 
     personnel or school administrators to be assigned or 
     reassigned to the same competitive level as classroom 
     teachers.''.

     SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

       Notwithstanding any other provision of law, rule, or 
     regulation, the evaluation process and instruments for 
     evaluating District of Columbia public school employees shall 
     be a nonnegotiable item for collective bargaining purposes.

     SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES.

       (a) In General.--Notwithstanding any other provision of 
     law, rule, or regulation, an employee of a District of 
     Columbia public school shall be--
       (1) classified as an educational service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and
       (3) subject to all Board of Education rules.
       (b) School-Based Personnel.--School-based personnel shall 
     constitute a separate competitive area from nonschool-based 
     personnel who shall not compete with school-based personnel 
     for retention purposes.
    Subtitle L--Establishment and Organization of the Commission on 
      Consensus Reform in the District of Columbia Public Schools

     SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF 
                   COLUMBIA PUBLIC SCHOOLS.

       (a) Establishment.--
       (1) In general.--There is established within the District 
     of Columbia Government a Commission on Consensus Reform in 
     the District of Columbia Public Schools, consisting of 7 
     members to be appointed in accordance with paragraph (2).
       (2) Membership.--The Consensus Commission shall consist of 
     the following members:
       (A) 1 member to be appointed by the President chosen from a 
     list of 3 proposed members submitted by the Majority Leader 
     of the Senate.
       (B) 1 member to be appointed by the President chosen from a 
     list of 3 proposed members submitted by the Speaker of the 
     House of Representatives.
       (C) 2 members to be appointed by the President, of which 1 
     shall represent the local business community and 1 of which 
     shall be a teacher in a District of Columbia public school.
       (D) The President of the District of Columbia Congress of 
     Parents and Teachers.
       (E) The President of the Board of Education.
       (F) The Superintendent.
       (G) The Mayor and District of Columbia Council Chairman 
     shall each name 1 nonvoting ex officio member.
       (H) The Chief of the National Guard Bureau who shall be an 
     ex officio member.
       (3) Terms of service.--The members of the Consensus 
     Commission shall serve for a term of 3 years.
       (4) Vacancies.--Any vacancy in the membership of the 
     Consensus Commission shall be filled by the appointment of a 
     new member in the same manner as provided for the vacated 
     membership. A member appointed under this paragraph shall 
     serve the remaining term of the vacated membership.
       (5) Qualifications.--Members of the Consensus Commission 
     appointed under subparagraphs (A), (B), and (C) of paragraph 
     (2) shall be residents of the District of Columbia and shall 
     have a knowledge of public education in the District of 
     Columbia.
       (6) Chair.--The Chair of the Consensus Commission shall be 
     chosen by the Consensus Commission from among its members, 
     except that the President of the Board of Education and the 
     Superintendent shall not be eligible to serve as Chair.
       (7) No compensation for service.--Members of the Consensus 
     Commission shall serve without pay, but may receive 
     reimbursement for any reasonable and necessary expenses 
     incurred by reason of service on the Consensus Commission.
       (b) Executive Director.--The Consensus Commission shall 
     have an Executive Director who shall be appointed by the 
     Chair with the consent of the Consensus Commission. The 
     Executive Director shall be paid at a rate determined by the 
     Consensus Commission, except that such rate may not exceed 
     the highest rate of pay payable for level EG-16 of the 
     Educational Service of the District of Columbia.
       (c) Staff.--With the approval of the Chair and the 
     Authority, the Executive Director may appoint and fix the pay 
     of additional personnel as the Executive Director considers 
     appropriate, except that no individual appointed by the 
     Executive Director may be paid at a rate greater than the 
     rate of pay for the Executive Director.
       (d) Special Rule.--The Board of Education, or the 
     Authority, shall reprogram such funds, as the Chair of the 
     Consensus Commission shall in writing request, from amounts 
     available to the Board of Education.

     SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

       (a) Purpose.--The primary purpose of the Consensus 
     Commission is to assist in developing a long-term reform plan 
     that has the support of the District of Columbia community 
     through the participation of representatives of various 
     critical segments of such community in helping to develop and 
     approve the plan.
       (b) Findings.--The Congress finds that--
       (1) experience has shown that the failure of the District 
     of Columbia educational system has been due more to the 
     failure to implement a plan than the failure to develop a 
     plan;
       (2) national studies indicate that 50 percent of secondary 
     school graduates lack basic literacy skills, and over 30 
     percent of the 7th grade students in the District of Columbia 
     public schools drop out of school before graduating;
       (3) standard student assessments indicate only average 
     performance for grade level and fail to identify individual 
     students who lack basic skills, allowing too many students to 
     graduate lacking these basic skills and diminishing the worth 
     of a diploma;
       (4) experience has shown that successful schools have good 
     community, parent, and business involvement;
       (5) experience has shown that reducing dropout rates in the 
     critical middle and secondary school years requires 
     individual student involvement and attention through such 
     activities as arts or athletics; and
       (6) experience has shown that close coordination between 
     educators and business persons is required to provide 
     noncollege-bound students the skills necessary for 
     employment, and that personal attention is vitally important 
     to assist each student in developing an appropriate career 
     path.

     SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.

       (a) Primary Responsibility.--The Board of Education and the 
     Superintendent shall have primary responsibility for 
     developing and implementing the long-term reform plan for 
     education in the District of Columbia.
       (b) Duties.--The Consensus Commission shall--
       (1) identify any obstacles to implementation of the long-
     term reform plan and suggest ways to remove such obstacles;
       (2) assist in developing programs that--
       (A) ensure every student in a District of Columbia public 
     school achieves basic literacy skills;
       (B) ensure every such student possesses the knowledge and 
     skills necessary to think critically and communicate 
     effectively by the completion of grade 8; and
       (C) lower the dropout rate in the District of Columbia 
     public schools;
       (3) assist in developing districtwide assessments, 
     including individual assessments, that identify District of 
     Columbia public school students who lack basic literacy 
     skills, with particular attention being given to grade 4 and 
     the middle school years, and establish procedures to ensure 
     that a teacher is made accountable for the performance of 
     every such student in such teacher's class;
       (4) make recommendations to improve community, parent, and 
     business involvement in District of Columbia public schools 
     and public charter schools;
       (5) assess opportunities in the District of Columbia to 
     increase individual student involvement and attention through 
     such activities as arts or athletics, and make 
     recommendations on how to increase such involvement; and
       (6) assist in the establishment of procedures that ensure 
     every District of Columbia public school student is provided 
     the skills necessary for employment, including the 
     development of individual career paths.
       (c) Powers.--The Consensus Commission shall have the 
     following powers:
       (1) To monitor and comment on the development and 
     implementation of the long-term reform plan.
       (2) To exercise its authority, as provided in this 
     subtitle, as necessary to facilitate implementation of the 
     long-term reform plan.
       (3) To review and comment on the budgets of the Board of 
     Education, the District of Columbia public schools and public 
     charter schools.
       (4) To recommend rules concerning the management and 
     direction of the Board of Education that address obstacles to 
     the development or implementation of the long-term reform 
     plan.
       (5) To review and comment on the core curriculum for 
     kindergarten through grade 12 developed under subtitle D.
       (6) To review and comment on a core curriculum for 
     prekindergarten, vocational and technical training, and adult 
     education.
       (7) To review and comment on all other educational programs 
     carried out by the Board of Education and public charter 
     schools.
       (8) To review and comment on the districtwide assessments 
     for measuring student achievement in the core curriculum 
     developed under subtitle D.
       (9) To review and comment on the model professional 
     development programs for teachers using the core curriculum 
     developed under subtitle D.
     
[[Page H1029]]

       (d) Limitations.--
       (1) In general.--Except as otherwise provided in this 
     subtitle, the Consensus Commission shall have no powers to 
     involve itself in the management or operation of the Board of 
     Education with respect to the implementation of the long-term 
     reform plan.
       (2) Special rule.--If the Consensus Commission determines 
     that the Board of Education has failed to take an action 
     necessary to develop or implement the long-term reform plan 
     or that the Board of Education is unable to do so, the 
     Consensus Commission shall request the Authority to take 
     appropriate action, and the Authority shall take such action 
     as the Authority deems appropriate, to develop or implement, 
     as the case may be, the long-term reform plan.

     SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

       (a) Community Service Requirement for Suspended Students.--
       (1) In general.--Any student suspended from classes at a 
     District of Columbia public school who is required to serve 
     the suspension outside the school shall perform community 
     service for the period of suspension. The community service 
     required by this subsection shall be subject to rules and 
     regulations promulgated by the Mayor.
       (2) Effective date.--This subsection shall take effect on 
     the first day of the 1996-1997 academic year.
       (b) Expiration Date.--This section, and sections 
     2101(b)(1)(K) and 2851(a)(2)(H), shall cease to be effective 
     on the last day of the 1997-1998 academic year.
       (c) Report.--The Consensus Commission shall study the 
     effectiveness of the policies implemented pursuant to this 
     section in improving order and discipline in District of 
     Columbia public schools and report its findings to the 
     appropriate congressional committees not later than 60 days 
     prior to the last day of the 1997-1998 academic year.

     SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

       (a) In General.--The Consensus Commission may examine and 
     request the Inspector General of the District of Columbia or 
     the Authority to audit the records of the Board of Education 
     to ensure, monitor, and evaluate the performance of the Board 
     of Education with respect to compliance with the long-term 
     reform plan and such plan's overall educational achievement. 
     The Consensus Commission shall conduct an annual review of 
     the educational performance of the Board of Education with 
     respect to meeting the goals of such plan for such year. The 
     Board of Education shall cooperate and assist in the review 
     or audit as requested by the Consensus Commission.
       (b) Audit.--The Consensus Commission may examine and 
     request the Inspector General of the District of Columbia or 
     the Authority to audit the records of any public charter 
     school to assure, monitor, and evaluate the performance of 
     the public charter school with respect to the content 
     standards and districtwide assessments described in section 
     2411(b). The Consensus Commission shall receive a copy of 
     each public charter school's annual report.

     SEC. 2856. INVESTIGATIVE POWERS.

       The Consensus Commission may investigate any action or 
     activity which may hinder the progress of any part of the 
     long-term reform plan. The Board of Education shall cooperate 
     and assist the Consensus Commission in any investigation. 
     Reports of the findings of any such investigation shall be 
     provided to the Board of Education, the Superintendent, the 
     Mayor, the District of Columbia Council, the Authority, and 
     the appropriate congressional committees.

     SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.

       (a) In General.--The Consensus Commission may at any time 
     submit recommendations to the Board of Education, the Mayor, 
     the District of Columbia Council, the Authority, the Board of 
     Trustees of any public charter school and the Congress with 
     respect to actions the District of Columbia Government or the 
     Federal Government should take to ensure implementation of 
     the long-term reform plan.
       (b) Authority Actions.--Pursuant to the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995 or upon the recommendation of the Consensus 
     Commission, the Authority may take whatever actions the 
     Authority deems necessary to ensure the implementation of the 
     long-term reform plan.

     SEC. 2858. EXPIRATION DATE.

       Except as otherwise provided in this subtitle, this 
     subtitle shall be effective during the period beginning on 
     the date of enactment of this Act and ending 7 years after 
     such date.
      Subtitle M--Parent Attendance at Parent-Teacher Conferences

     SEC. 2901. POLICY.

       Notwithstanding any other provision of law, the Mayor is 
     authorized to develop and implement a policy encouraging all 
     residents of the District of Columbia with children attending 
     a District of Columbia public school to attend and 
     participate in at least one parent-teacher conference every 
     90 days during the academic year.
                  Subtitle N--Low-Income Scholarships

      SEC. 2921. DEFINITIONS.

       As used in this subtitle--
       (1) the term ``Board'' means the Board of Directors of the 
     Corporation established under section 2922(b)(1);
       (2) the term ``Corporation'' means the District of Columbia 
     Scholarship Corporation established under section 2922(a);
       (3) the term ``eligible institution''--
       (A) in the case of an eligible institution serving a 
     student who receives a tuition scholarship under section 
     2923(d)(1), means a private or independent elementary or 
     secondary school; and
       (B) in the case of an eligible institution serving a 
     student who receives an enhanced achievement scholarship 
     under section 2923(d)(2), means an elementary or secondary 
     school, or an entity that provides services to a student 
     enrolled in an elementary or secondary school to enhance such 
     student's achievement through activities described in section 
     2923(d)(2); and
       (4) the term ``poverty line'' means 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 (42 U.S.C. 
     9902(2)) applicable to a family of the size involved.

      SEC. 2922. DISTRICT OF COLUMBIA SCHOLARSHIP CORPORATION.

       (a) General Requirements.--
       (1) In general.--There is authorized to be established a 
     private, nonprofit corporation, to be known as the ``District 
     of Columbia Scholarship Corporation'', which is neither an 
     agency nor establishment of the United States Government or 
     the District of Columbia Government.
       (2) Duties.--The Corporation shall have the responsibility 
     and authority to administer, publicize, and evaluate the 
     scholarship program in accordance with this subtitle, and to 
     determine student and school eligibility for participation in 
     such program.
       (3) Consultation.--The Corporation shall exercise its 
     authority--
       (A) in a manner consistent with maximizing educational 
     opportunities for the maximum number of interested families; 
     and
       (B) in consultation with the Board of Education, the 
     Superintendent, the Consensus Commission, and other school 
     scholarship programs in the District of Columbia.
       (4) Application of provisions.--The Corporation shall be 
     subject to the provisions of this subtitle, and, to the 
     extent consistent with this subtitle, to the District of 
     Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et 
     seq.).
       (5) Residence.--The Corporation shall have its place of 
     business in the District of Columbia and shall be considered, 
     for purposes of venue in civil actions, to be a resident of 
     the District of Columbia.
       (6) Fund.--There is hereby established in the District of 
     Columbia general fund a fund that shall be known as the 
     ``District of Columbia Scholarship Fund''.
       (7) Disbursement.--The Mayor shall disburse to the 
     Corporation, before October 15 of each fiscal year or not 
     later than 15 days after the date of enactment of an Act 
     making appropriations for the District of Columbia for such 
     year, whichever occurs later, such funds as have been 
     appropriated to the District of Columbia Scholarship Fund for 
     the fiscal year for which such disbursement is made.
       (8) Availability.--Funds authorized to be appropriated 
     under this subtitle shall remain available until expended.
       (9) Uses.--Funds authorized to be appropriated under this 
     subtitle shall be used by the Corporation in a prudent and 
     financially responsible manner, solely for scholarships, 
     contracts, and administrative costs.
       (10) Authorization.--
       (A) In general.--There are authorized to be appropriated to 
     the District of Columbia Scholarship Fund--
       (i) $5,000,000 for fiscal year 1996;
       (ii) $7,000,000 for fiscal year 1997; and
       (iii) $10,000,000 for each of fiscal years 1998 through 
     2000.
       (B) Limitation.--Not more than $250,000 of the amount 
     appropriated to carry out this subtitle for any fiscal year 
     may be used by the Corporation for any purpose other than 
     assistance to students.
       (b) Organization and Management; Board of Directors.--
       (1) Board of directors; membership.--
       (A) In general.--The Corporation shall have a Board of 
     Directors comprised of 7 members, with 6 members of the Board 
     appointed by the President not later than 30 days after 
     receipt of nominations from the Speaker of the House of 
     Representatives, the Minority Leader of the House of 
     Representatives, the Majority Leader of the Senate, and the 
     Minority Leader of the Senate.
       (B) House nominations.--The President shall appoint 2 
     members of the Board from a list of at least 6 individuals 
     nominated by the Speaker of the House of Representatives, and 
     1 member of the Board from a list of at least 3 individuals 
     nominated by the Minority Leader of the House of 
     Representatives.
       (C) Senate nominations.--The President shall appoint 2 
     members of the Board from a list of at least 6 individuals 
     nominated by the Majority Leader of the Senate, and 1 member 
     of the Board from a list of at least 3 individuals nominated 
     by the Minority Leader of the Senate.
       (D) Deadline.--The Speaker and Minority Leader of the House 
     of Representatives and Majority Leader and Minority Leader of 
     the Senate shall submit their nominations to the President 
     not later than 30 days after the date of the enactment of 
     this Act.
       (E) Appointee of mayor.--The Mayor shall appoint 1 member 
     of the Board not later than 60 days after the date of the 
     enactment of this Act.
       (F) Possible interim members.--If the President does not 
     appoint the 6 members of the Board in the 30-day period 
     described in subparagraph (A), then the Speaker of the House 
     of Representatives and the Majority Leader of the Senate 
     shall each appoint 2 members of the Board, and the Minority 
     Leader of the House of Representatives and the Minority 
     Leader of the Senate shall each appoint 1 of the Board, from 
     among the individuals nominated pursuant to subparagraphs (A) 
     and (B), as the case may be. The appointees under the 
     preceding sentence together with the appointee of the Mayor, 
     shall serve as an interim Board with all the powers and other 
     duties of the Board described in this subtitle, until the 
     President makes the appointments as described in this 
     subsection.
     
[[Page H1030]]

       (2) Powers.--All powers of the Corporation shall vest in 
     and be exercised under the authority of the Board.
       (3) Elections.--Members of the Board annually shall elect 1 
     of the members of the Board to be chairperson of the Board.
       (4) Residency.--All members appointed to the Board shall be 
     residents of the District of Columbia at the time of 
     appointment and while serving on the Board.
       (5) Nonemployee.--No member of the Board may be an employee 
     of the United States Government or the District of Columbia 
     Government when appointed to or during tenure on the Board, 
     unless the individual is on a leave of absence from such a 
     position while serving on the Board.
       (6) Incorporation.--The members of the initial Board shall 
     serve as incorporators and shall take whatever steps are 
     necessary to establish the Corporation under the District of 
     Columbia Nonprofit Corporation Act (D.C. Code, sec. 29-501 et 
     seq.).
       (7) General term.--The term of office of each member of the 
     Board shall be 5 years, except that any member appointed to 
     fill a vacancy occurring prior to the expiration of the term 
     for which the predecessor was appointed shall be appointed 
     for the remainder of such term.
       (8) Consecutive term.--No member of the Board shall be 
     eligible to serve in excess of 2 consecutive terms of 5 years 
     each. A partial term shall be considered as 1 full term. Any 
     vacancy on the Board shall not affect the Board's power, but 
     shall be filled in a manner consistent with this subtitle.
       (9) No benefit.--No part of the income or assets of the 
     Corporation shall inure to the benefit of any Director, 
     officer, or employee of the Corporation, except as salary or 
     reasonable compensation for services.
       (10) Political activity.--The Corporation may not 
     contribute to or otherwise support any political party or 
     candidate for elective public office.
       (11) No officers or employees.--The members of the Board 
     shall not, by reason of such membership, be considered to be 
     officers or employees of the United States Government or of 
     the District of Columbia Government.
       (12) Stipends.--The members of the Board, while attending 
     meetings of the Board or while engaged in duties related to 
     such meetings or other activities of the Board pursuant to 
     this subtitle, shall be provided a stipend. Such stipend 
     shall be at the rate of $150 per day for which the member of 
     the Board is officially recorded as having worked, except 
     that no member may be paid a total stipend amount in any 
     calendar year in excess of $5,000.
       (13) Congressional intent.--Subject to the results of the 
     program appraisal under section 2933, it is the intention of 
     the Congress to turn over to District of Columbia officials 
     the control of the Board at the end of the 5-year period 
     beginning on the date of enactment of this Act, under terms 
     and conditions to be determined at that time.
       (c) Officers and Staff.--
       (1) Executive director.--The Corporation shall have an 
     Executive Director, and such other staff, as may be appointed 
     by the Board for terms and at rates of compensation, not to 
     exceed level EG-16 of the Educational Service of the District 
     of Columbia, to be fixed by the Board .
       (2) Staff.--With the approval of the Board, the Executive 
     Director may appoint and fix the salary of such additional 
     personnel as the Executive Director considers appropriate.
       (3) Annual rate.--No staff of the Corporation may be 
     compensated by the Corporation at an annual rate of pay 
     greater than the annual rate of pay of the Executive 
     Director.
       (4) Service.--All officers and employees of the Corporation 
     shall serve at the pleasure of the Board.
       (5) Qualification.--No political test or qualification may 
     be used in selecting, appointing, promoting, or taking other 
     personnel actions with respect to officers, agents, or 
     employees of the Corporation.
       (d) Powers of the Corporation.--
       (1) Generally.--The Corporation is authorized to obtain 
     grants from, and make contracts with, individuals and with 
     private, State, and Federal agencies, organizations, and 
     institutions.
       (2) Hiring authority.--The Corporation may hire, or accept 
     the voluntary services of, consultants, experts, advisory 
     boards, and panels to aid the Corporation in carrying out 
     this subtitle.
       (e) Financial Management and Records.--
       (1) Audits.--The financial statements of the Corporation 
     shall be--
       (A) maintained in accordance with generally accepted 
     accounting principles for nonprofit corporations; and
       (B) audited annually by independent certified public 
     accountants.
       (2) Report.--The report for each such audit shall be 
     included in the annual report to Congress required by section 
     2933(c).

      SEC. 2923. SCHOLARSHIPS AUTHORIZED.

       (a) Eligible Students.--The Corporation is authorized to 
     award tuition scholarships under subsection (d)(1) and 
     enhanced achievement scholarships under subsection (d)(2) to 
     students in kindergarten through grade 12--
       (1) who are residents of the District of Columbia; and
       (2) whose family income does not exceed 185 percent of the 
     poverty line.
       (b) Scholarship Priority.--
       (1) First.--The Corporation shall first award scholarships 
     to students described in subsection (a) who--
       (A) are enrolled in a District of Columbia public school or 
     preparing to enter a District of Columbia kindergarten, 
     except that this subparagraph shall apply only for academic 
     years 1996, 1997, and 1998; or
       (B) have received a scholarship from the Corporation in the 
     year preceding the year for which the scholarship is awarded.
       (2) Second.--If funds remain for a fiscal year for awarding 
     scholarships after awarding scholarships under paragraph (1), 
     the Corporation shall award scholarships to students 
     described in subsection (a) who are not described in 
     paragraph (1).
       (c) Special Rule.--The Corporation shall attempt to ensure 
     an equitable distribution of scholarship funds to students at 
     diverse academic achievement levels.
       (d) Use of Scholarship.--
       (1) Tuition scholarships.--A tuition scholarship may be 
     used only for the payment of the cost of the tuition and 
     mandatory fees for, and transportation to attend, an eligible 
     institution located within the geographic boundaries of the 
     District of Columbia.
       (2) Enhanced achievement scholarship.--An enhanced 
     achievement scholarship may be used only for the payment of--
       (A) the costs of tuition and mandatory fees for, and 
     transportation to attend, a program of nonsectarian 
     instruction provided by an eligible institution which 
     enhances student achievement of the core curriculum and is 
     operated outside of regular school hours to supplement the 
     regular school program;
       (B) the costs of tuition and mandatory fees for, and 
     transportation to attend, after-school activities that do not 
     have an academic focus, such as athletics or music lessons; 
     or
       (C) the costs of tuition and mandatory fees for, and 
     transportation to attend, vocational, vocational-technical, 
     and technical training programs.
       (e) Not School Aid.--A scholarship under this subtitle 
     shall be considered assistance to the student and shall not 
     be considered assistance to an eligible institution.

      SEC. 2924. SCHOLARSHIP PAYMENTS AND AMOUNTS.

       (a) Awards.--From the funds made available under this 
     subtitle, the Corporation shall award a scholarship to a 
     student and make payments in accordance with section 2930 on 
     behalf of such student to a participating eligible 
     institution chosen by the parent of the student.
       (b) Notification.--Each eligible institution that desires 
     to receive payment under subsection (a) shall notify the 
     Corporation not later than 10 days after--
       (1) the date that a student receiving a scholarship under 
     this subtitle is enrolled, of the name, address, and grade 
     level of such student;
       (2) the date of the withdrawal or expulsion of any student 
     receiving a scholarship under this subtitle, of the 
     withdrawal or expulsion; and
       (3) the date that a student receiving a scholarship under 
     this subtitle is refused admission, of the reasons for such a 
     refusal.
       (c) Tuition Scholarship.--
       (1) Equal to or below poverty line.--For a student whose 
     family income is equal to or below the poverty line, a 
     tuition scholarship may not exceed the lesser of--
       (A) the cost of tuition and mandatory fees for, and 
     transportation to attend, an eligible institution; or
       (B) $3,000 for fiscal year 1996, with such amount adjusted 
     in proportion to changes in the Consumer Price Index for all 
     urban consumers published by the Department of Labor for each 
     of fiscal years 1997 through 2000.
       (2) Above poverty line.--For a student whose family income 
     is greater than the poverty line, but not more than 185 
     percent of the poverty line, a tuition scholarship may not 
     exceed the lesser of--
       (A) 50 percent of the cost of tuition and mandatory fees 
     for, and transportation to attend, an eligible institution; 
     or
       (B) $1,500 for fiscal year 1996, with such amount adjusted 
     in proportion to changes in the Consumer Price Index for all 
     urban consumers published by the Department of Labor for each 
     of fiscal years 1997 through 2000.
       (d) Enhanced Achievement Scholarship.--
       (1) Equal to or below poverty line.--For a student whose 
     family income is equal to or below the poverty line, an 
     enhanced achievement scholarship may not exceed the lesser 
     of--
       (A) the costs of tuition and mandatory fees for, and 
     transportation to attend, a program of nonsectarian 
     instruction at an eligible institution; or
       (B) $1,500 for 1996, with such amount adjusted in 
     proportion to changes in the Consumer Price Index for all 
     urban consumers published by the Department of Labor for each 
     of fiscal years 1997 through 2000.
       (2) Above poverty line.--For a student whose family income 
     is greater than the poverty line, but not more than 185 
     percent of the poverty line, an enhanced achievement 
     scholarship may not exceed the lesser of--
       (A) 50 percent of the costs of tuition and mandatory fees 
     for, and transportation to attend, a program of nonsectarian 
     instruction at an eligible institution; or
       (B) $750 for fiscal year 1996 with such amount adjusted in 
     proportion to changes in the Consumer Price Index for all 
     urban consumers published by the Department of Labor for each 
     of fiscal years 1997 through 2000.
       (e) Allocation of Funds.--
       (1) Federal funds.--
       (A) Plan.--The Corporation shall submit to the District of 
     Columbia Council a proposed allocation plan for the 
     allocation of Federal funds between the tuition scholarships 
     under section 2923(d)(1) and enhanced achievement 
     scholarships under section 2923(d)(2).
       (B) Consideration.--Not later than 30 days after receipt of 
     each such plan, the District of Columbia Council shall 
     consider such proposed allocation plan and notify the 
     Corporation in writing of its decision to approve or 
     disapprove such allocation plan.
       (C) Objections.--In the case of a vote of disapproval of 
     such allocation plan, the District of Columbia Council shall 
     provide in writing the 

[[Page H1031]]
     District of Columbia Council's objections to such allocation plan.
       (D) Resubmission.--The Corporation may submit a revised 
     allocation plan for consideration to the District of Columbia 
     Council.
       (E) Prohibition.--No Federal funds provided under this 
     subtitle may be used for any scholarship until the District 
     of Columbia Council has approved the allocation plan for the 
     Corporation.
       (2) Private funds.--The Corporation shall annually allocate 
     unrestricted private funds equitably, as determined by the 
     Board, for scholarships under paragraph (1) and (2) of 
     section 2923(d), after consultation with the public, the 
     Mayor, the District of Columbia Council, the Board of 
     Education, the Superintendent, and the Consensus Commission.

      SEC. 2925. CERTIFICATION OF ELIGIBLE INSTITUTIONS.

       (a) Application.--An eligible institution that desires to 
     receive a payment on behalf of a student who receives a 
     scholarship under this subtitle shall file an application 
     with the Corporation for certification for participation in 
     the scholarship program under this subtitle. Each such 
     application shall--
       (1) demonstrate that the eligible institution has operated 
     with not less than 25 students during the 3 years preceding 
     the year for which the determination is made unless the 
     eligible institution is applying for certification as a new 
     eligible institution under subsection (c);
       (2) contain an assurance that the eligible institution will 
     comply with all applicable requirements of this subtitle;
       (3) provide the most recent audit of the financial 
     statements of the eligible institution by an independent 
     certified public accountant using generally accepted auditing 
     standards, completed not earlier than 3 years before the date 
     such application is filed;
       (4) describe the eligible institution's proposed program, 
     including personnel qualifications and fees;
       (5) contain an assurance that a student receiving a 
     scholarship under this subtitle shall not be required to 
     attend or participate in a religion class or religious 
     ceremony without the written consent of such student's 
     parent;
       (6) contain an assurance that funds received under this 
     subtitle will not be used to pay the costs related to a 
     religion class or a religious ceremony, except that such 
     funds may be used to pay the salary of a teacher who teaches 
     such class or participates in such ceremony if such teacher 
     also teaches an academic class at such eligible institution;
       (7) contain an assurance that the eligible institution will 
     abide by all regulations of the District of Columbia 
     Government applicable to such eligible institution; and
       (8) contain an assurance that the eligible institution will 
     implement due process requirements for expulsion and 
     suspension of students, including at a minimum, a process for 
     appealing the expulsion or suspension decision.
       (b) Certification.--
       (1) In general.--Except as provided in paragraph (3), not 
     later than 60 days after receipt of an application in 
     accordance with subsection (a), the Corporation shall certify 
     an eligible institution to participate in the scholarship 
     program under this subtitle.
       (2) Continuation.--An eligible institution's certification 
     to participate in the scholarship program shall continue 
     unless such eligible institution's certification is revoked 
     in accordance with subsection (d).
       (3) Exception for 1996.--For fiscal year 1996 only, and 
     after receipt of an application in accordance with subsection 
     (a), the Corporation shall certify the eligibility of an 
     eligible institution to participate in the scholarship 
     program under this subtitle at the earliest practicable date.
       (c) New Eligible Institution.--
       (1) In general.--An eligible institution that did not 
     operate with at least 25 students in the 3 years preceding 
     the year for which the determination is made may apply for a 
     1-year provisional certification to participate in the 
     scholarship program under this subtitle for a single year by 
     providing to the Corporation not later than July 1 of the 
     year preceding the year for which the determination is made--
       (A) a list of the eligible institution's board of 
     directors;
       (B) letters of support from not less than 10 members of the 
     community served by such eligible institution;
       (C) a business plan;
       (D) an intended course of study;
       (E) assurances that the eligible institution will begin 
     operations with not less than 25 students;
       (F) assurances that the eligible institution will comply 
     with all applicable requirements of this subtitle; and
       (G) a statement that satisfies the requirements of 
     paragraph (2), and paragraphs (4) through (8), of subsection 
     (a).
       (2) Certification.--Not later than 60 days after the date 
     of receipt of an application described in paragraph (1), the 
     Corporation shall certify in writing the eligible 
     institution's provisional certification to participate in the 
     scholarship program under this subtitle unless the 
     Corporation determines that good cause exists to deny 
     certification.
       (3) Renewal of provisional certification.--After receipt of 
     an application under paragraph (1) from an eligible 
     institution that includes an audit of the financial 
     statements of the eligible institution by an independent 
     certified public accountant using generally accepted auditing 
     standards completed not earlier than 12 months before the 
     date such application is filed, the Corporation shall renew 
     an eligible institution's provisional certification for the 
     second and third years of the school's participation in the 
     scholarship program under this subtitle unless the 
     Corporation finds--
       (A) good cause to deny the renewal, including a finding of 
     a pattern of violation of requirements described in section 
     2926(a); or
       (B) consistent failure of 25 percent or more of the 
     students receiving scholarships under this subtitle and 
     attending such school to make appropriate progress (as 
     determined by the Corporation) in academic achievement.
       (4) Denial of certification.--If provisional certification 
     or renewal of provisional certification under this subsection 
     is denied, then the Corporation shall provide a written 
     explanation to the eligible institution of the reasons for 
     such denial.
       (d) Revocation of Eligibility.--
       (1) In general.--The Corporation, after notice and hearing, 
     may revoke an eligible institution's certification to 
     participate in the scholarship program under this subtitle 
     for a year succeeding the year for which the determination is 
     made for--
       (A) good cause, including a finding of a pattern of 
     violation of program requirements described in section 
     2926(a); or
       (B) consistent failure of 25 percent or more of the 
     students receiving scholarships under this subtitle and 
     attending such school to make appropriate progress (as 
     determined by the Corporation) in academic achievement.
       (2) Explanation.--If the certification of an eligible 
     institution is revoked, the Corporation shall provide a 
     written explanation of its decision to such eligible 
     institution and require a pro rata refund of the payments 
     received under this subtitle.

      SEC. 2926. PARTICIPATION REQUIREMENTS FOR ELIGIBLE 
                   INSTITUTIONS.

       (a) Requirements.--Each eligible institution participating 
     in the scholarship program under this subtitle shall--
       (1) provide to the Corporation not later than June 30 of 
     each year the most recent audit of the financial statements 
     of the eligible institution by an independent certified 
     public accountant using generally accepted auditing standards 
     completed not earlier than 3 years before the date the 
     application is filed; and
       (2) charge a student that receives a scholarship under this 
     subtitle the same amounts for the cost of tuition and 
     mandatory fees for, and transportation to attend, such 
     eligible institution as other students who are residents of 
     the District of Columbia and enrolled in such eligible 
     institution.
       (b) Compliance.--The Corporation may require documentation 
     of compliance with the requirements of subsection (a), but 
     neither the Corporation nor any governmental entity may 
     impose additional requirements upon an eligible institution 
     as a condition of participation in the scholarship program 
     under this subtitle.

     SEC. 2927. CIVIL RIGHTS.

       (a) In General.--An eligible institution participating in 
     the scholarship program under this subtitle shall be deemed 
     to be a recipient of Federal financial assistance for the 
     purposes of the Age Discrimination Act of 1975 (42 U.S.C. 
     6101 et seq.), title VI of the Civil Rights Act of 1964 (42 
     U.S.C. 2000d et seq.), title IX of the Education Amendments 
     of 1972 (20 U.S.C. 1681 et seq.), and section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794).
       (b) Revocation.--Notwithstanding section 2926(b), if the 
     Secretary of Education determines that an eligible 
     institution participating in the scholarship program under 
     this subtitle is in violation of any of the laws listed in 
     subsection (a), then the Corporation shall revoke such 
     eligible institution's certification to participate in the 
     program.

      SEC. 2928. CHILDREN WITH DISABILITIES.

       (a) In General.--Nothing in this subtitle shall affect the 
     rights of students or the obligations of the District of 
     Columbia public schools under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.).
       (b) Private or Independent School Scholarships.--
       (1) Determination of Eligiblity for Services.--If requested 
     by either a parent of a child with a disability who attends a 
     private or independent school receiving funding under this 
     subtitle or by the private or independent school receiving 
     funding under this subtitle, the Board of Education shall 
     determine the eligibility of such child for services under 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.).
       (2) Requirements.--If a child is determined eligible for 
     services under the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.) pursuant to paragraph (1), the 
     Board of Education shall--
       (A) develop an individualized education program, as defined 
     in section 602 of the Individuals with Disabilities Education 
     Act (20 U.S.C. 1401), for such child; and
       (B) negotiate with the private or independent school to 
     deliver to such child the services described in the 
     individualized education program.
       (3) Appeal.--If the Board of Education determines that a 
     child is not eligible for services under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) pursuant 
     to paragraph (1), such child shall retain the right to appeal 
     such determination under such Act as if such child were 
     attending a District of Columbia public school.

      SEC. 2929. CONSTRUCTION PROHIBITION.

       No funds under this subtitle may be used for construction 
     of facilities.

      SEC. 2930. SCHOLARSHIP PAYMENTS.

       (a) In General.--
       (1) Proportional payment.--The Corporation shall make 
     scholarship payments to participating eligible institutions 
     on a schedule established by the Corporation.
       (2) Pro rata amounts for student withdrawal.--
       (A) Before payment.--If a student receiving a scholarship 
     withdraws or is expelled from an eligible institution before 
     a scholarship payment 

[[Page H1032]]
     is made, the eligible institution shall receive a pro rata payment 
     based on the amount of the scholarship and the number of days 
     the student was enrolled in the eligible institution.
       (B) After payment.--If a student receiving a scholarship 
     withdraws or is expelled after a scholarship payment is made, 
     the eligible institution shall refund to the Corporation on a 
     pro rata basis the proportion of any scholarship payment 
     received for the remaining days of the school year. Such 
     refund shall occur not later than 30 days after the date of 
     the withdrawal or expulsion of the student.
       (b) Fund Transfers.--The Corporation shall make scholarship 
     payments to participating eligible institutions by electronic 
     funds transfer. If such an arrangement is not available, then 
     the eligible institution shall submit an alternative payment 
     proposal to the Corporation for approval.

      SEC. 2931. APPLICATION SCHEDULE AND PROCEDURES.

       The Corporation shall implement a schedule and procedures 
     for processing applications for awarding student scholarships 
     under this subtitle that includes a list of certified 
     eligible institutions, distribution of information to parents 
     and the general public (including through a newspaper of 
     general circulation), and deadlines for steps in the 
     scholarship application and award process.

      SEC. 2932. REPORTING REQUIREMENTS.

       (a) In General.--An eligible institution participating in 
     the scholarship program under this subtitle shall report not 
     later than July 30 of each year in a manner prescribed by the 
     Corporation, the following data:
       (1) Student achievement in the eligible institution's 
     programs.
       (2) Grade advancement for scholarship students.
       (3) Disciplinary actions taken with respect to scholarship 
     students.
       (4) Graduation, college admission test scores, and college 
     admission rates, if applicable for scholarship students.
       (5) Types and amounts of parental involvement required for 
     all families of scholarship students.
       (6) Student attendance for scholarship and nonscholarship 
     students.
       (7) General information on curriculum, programs, 
     facilities, credentials of personnel, and disciplinary rules 
     at the eligible institution.
       (8) Number of scholarship students enrolled.
       (9) Such other information as may be required by the 
     Corporation for program appraisal.
       (b) Confidentiality.--No personal identifiers may be used 
     in such report, except that the Corporation may request such 
     personal identifiers solely for the purpose of verification.

      SEC. 2933. PROGRAM APPRAISAL.

       (a) Study.--Not later than 4 years after the date of 
     enactment of this Act, the Department of Education shall 
     provide for an independent evaluation of the scholarship 
     program under this subtitle, including--
       (1) a comparison of test scores between scholarship 
     students and District of Columbia public school students of 
     similar backgrounds, taking into account the students' 
     academic achievement at the time of the award of their 
     scholarships and the students' family income level;
       (2) a comparison of graduation rates between scholarship 
     students and District of Columbia public school students of 
     similar backgrounds, taking into account the students' 
     academic achievement at the time of the award of their 
     scholarships and the students' family income level; and
       (3) the satisfaction of parents of scholarship students 
     with the scholarship program.
       (b) Public Review of Data.--All data gathered in the course 
     of the study described in subsection (a) shall be made 
     available to the public upon request except that no personal 
     identifiers shall be made public.
       (c) Report to Congress.--Not later than September 1 of each 
     year, the Corporation shall submit a progress report on the 
     scholarship program to the appropriate congressional 
     committees. Such report shall include a review of how 
     scholarship funds were expended, including the initial 
     academic achievement levels of students who have participated 
     in the scholarship program.
       (d) Authorization.--There are authorized to be appropriated 
     for the study described in subsection (a), $250,000, which 
     shall remain available until expended.

      SEC. 2934. JUDICIAL REVIEW.

       The United States District Court for the District of 
     Columbia shall have jurisdiction over any constitutional 
     challenges to the scholarship program under this subtitle and 
     shall provide expedited review.
       And the Senate agree to the same.

     James T. Walsh,
     Henry Bonilla,
     Jack Kingston,
     Rodney P. Frelinghuysen,
     Mark W. Neumann,
     Bob Livingston,
                                Managers on the Part of the House.

     Jim Jeffords,
     Ben Nighthorse Campbell,
     Mark O. Hatfield,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2546) making 
     appropriations for the government of the District of Columbia 
     and other activities chargeable in whole or in part against 
     the revenues of said District for the fiscal year ending 
     September 30, 1996, and for other purposes, submit the 
     following joint statement to the House and Senate in 
     explanation of the effect of the actions agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The conference agreement on the District of Columbia 
     Appropriations Act, 1996, incorporates some of the provisions 
     of both the House and Senate versions of the bill. The 
     language and allocations set forth in House Report 104-294 
     and Senate Report 104-144 are to be complied with unless 
     specifically addressed in the accompanying bill and statement 
     of the managers to the contrary. The conference agreement 
     also includes various technical changes to titles, headings 
     and section numbers.

                  Limitation on Operating Expenditures

       The conference agreement includes a limitation on operating 
     expenditures of $4,994,000,000, instead of $4,867,283,000 as 
     proposed by the House and $5,137,083,000 as proposed by the 
     Senate. The conference agreement is $154,347,000 below the 
     District's August 8, 1995 request of $5,148,347,000. Language 
     under ``Personal and Nonpersonal Services Adjustments'' 
     requires a net reduction of $150,907,000 in personal and 
     nonpersonal services to meet the limitation on operating 
     expenditures. The language also provides that the reduction 
     is to be made by the District's Chief Financial Officer on 
     behalf of the Mayor in accordance with the direction of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.

            Congressional Concerns Referred to the Authority

       House Report 104-294 identified 28 items of congressional 
     concern which were referred to the District of Columbia 
     Financial Responsibility and Management Assistance Authority. 
     The conferees request the Authority to resolve those items at 
     the local level and to report to the House and Senate 
     Committees on Appropriations by April 1, 1996 instead of 
     March 1, 1996 as required in the House report, concerning the 
     disposition of those that have been resolved and 
     recommendations to resolve the others. The conferees 
     recognize that between the present and March 1, 1996 the 
     members and staff of the Authority will be focused on 
     fulfilling one of the requirements of title II of the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act pertaining to the consideration and approval 
     of the fiscal year 1997 financial plan and budget. However, 
     the conferees recognize too that an important part of title 
     II, specifically section 222, addresses the need to improve 
     the management and delivery of services of the District 
     government. The conferees believe that both the financial and 
     management problems of the District government must be 
     addressed together as the Authority conducts its work. 
     According to information from the General Accounting Office, 
     a common action taken in cities in financial trouble was an 
     improvement in city management. The conferees believe that 
     the Authority should give equal attention to this area as it 
     does to the financial area in working to remedy the fiscal 
     problems of the District.

                 Congressional Support of the Authority

       The conferees fully support the Financial Management 
     Authority and its actions and are confident that the 
     Authority will take appropriate actions in the future that 
     are necessary to restore financial stability to the District 
     of Columbia. The financial difficulties encountered by the 
     District government are grave, but by no means 
     insurmountable. The conferees recognize the leadership 
     demonstrated by the Financial Management Authority in 
     challenging the status quo to bring about a profound change 
     in the District's direction which was headed toward financial 
     insolvency and is now being redirected toward financial 
     stability. The conferees are pleased with the actions taken 
     by the Authority and its staff and recognize that even more 
     difficult and unpopular decisions lie ahead. Those decisions, 
     which now rest with the Authority, have been avoided for far 
     too long and have led to disastrous consequences. The 
     conferees recognize the difficulty and strongly support the 
     Authority and its staff in their actions.

                   Children's National Medical Center

       The conferees strongly support the work of Children's 
     National Medical Center's Community Pediatric Health Centers 
     (CPHC) which bring primary health care services to 
     approximately 7,000 low income, high risk children annually 
     in the Shaw and Adams Morgan neighborhoods.
       For twenty-eight years, the Community Pediatric Health 
     Centers have contributed services to an underserved 
     population, some of which are third generation clients. This 
     program has succeeded in significantly reducing 
     hospitalization rates and the impact of childhood diseases by 
     providing early intervention and comprehensive primary care 
     and preventive health care services at a cost-savings to the 
     District government in fiscal year 1995 of approximately 
     $146,000 based on 15,000 visits. Only 1 percent of CPHC 
     patients have been hospitalized, and they have a 98 percent 
     immunization rate by age two.
       The conferees are aware that the District government has 
     canceled its health services contracts with the Community 
     Pediatric Health Centers effective March 1995. The contract 
     included a subsidy of $18.77 per visit which totaled $262,000 
     annually. According to 

[[Page H1033]]
     information supplied to the conferees, this subsidy, which was made 
     available primarily to the uninsured who have no alternative 
     source for funding, was only a portion of the total direct 
     per visit cost of providing care to these children and has 
     not increased in a decade. The conferees are informed that 
     Children's National Medical Center has used its own operating 
     revenues to subsidize the clinics for years, but the 
     District's actions have threatened the viability of the 
     clinics by doubling their annual operating deficit to 
     $700,000.
       It appears that Children's National Medical Center will be 
     force to close or severely reduce services provided at the 
     clinics unless immediate funding requirements are met to 
     sustain operations. The conferees are concerned about the 
     financial impact to the District government if the closure of 
     these clinics occurs. The conferees therefore expect District 
     officials to immediately reassess their priorities and 
     evaluate the potential additional costs to the District 
     government should these patients be forced to seek 
     alternative medical care, including hospitalization. This 
     reassessment must be reflected in the budget and financial 
     plan for fiscal years 1996 and 1997 submitted to the 
     Financial Management Authority on February 1, 1996.

                 YCARE 2000 Private-Public Partnership

       The conferees fully support the YCARE 2000 program 
     sponsored by the YMCA of Metropolitan Washington. The program 
     provides work-readiness, conflict resolution training, 
     tutoring, socialization and other skills to at-risk District 
     youth who are in the age range of 5 to 18 years old. The 
     conferees believe that YCARE 2000 is an example of an 
     efficient and well-managed private-public partnership which 
     can provide social services to improve the lives and futures 
     of the city's young people. The conferees note that the 
     Council of the District of Columbia has formally recognized 
     the achievements of the YCARE 2000 initiative in a July 11, 
     1995 resolution.
       In order to provide and facilitate private-public 
     partnerships such as YCARE 2000, the conferees request that 
     the Mayor consult with representatives of private, not-for-
     profit community organizations with demonstrated experience 
     and expertise in providing services to children and youth in 
     the District and, to the extent financial constraints permit, 
     make funds available to such groups on the condition that the 
     groups themselves provide equal matching amounts.

                  District of Columbia Appropriations

       Senate Amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the text of the Senate 
     passed bill (S. 1244). The conference agreement includes a 
     revised bill consisting of titles I and II.
       A comparative summary showing amounts appropriated by title 
     starting with the fiscal year 1995 approved budget to the 
     fiscal year 1996 recommended level is included at the end of 
     this joint statement.

                TITLE I--FISCAL YEAR 1996 APPROPRIATIONS

              Federal Payment to the District of Columbia

       The conference action inserts a title and fiscal year 
     heading to separate appropriations matter from education 
     reform legislation relative to the District of Columbia 
     public schools which is in Title II. The conference action 
     also appropriates a Federal payment of $660,000,000 as 
     proposed by the House and the Senate.

                Federal Contribution to Retirement Funds

       The conference action appropriates $52,070,000 instead of 
     $52,000,000 as proposed by the House and the Senate. The 
     increase of $70,000 above the House and Senate allowances 
     reflects the amount authorized as well as the amount 
     requested by the District government.

               Federal Contribution for Education Reform

       The conference action appropriates $14,930,000 for 
     Education Reform for the District of Columbia Public Schools 
     and requires that the amount be placed in an escrow account 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Authority and disbursed by the 
     Authority in accordance with title II of this Act. Language 
     is included in the bill prohibiting the use of these funds 
     for any indirect cost charges by the D.C. Board of Education, 
     the D.C. public school system, or the District government. A 
     detailed explanation on the use of these funds is included in 
     title II of this joint statement. A listing of the allocation 
     follows:

       $200,000 for charter schools;
       $300,000 for the Public Charter School Board;
       $2,000,000 for Even Start programs;
       $500,000 for the Federal General Services Administration 
     for engineering plans relative to D.C. public school 
     facilities;
       $100,000 to develop plans for a residential school;
       $702,000 for the District Education and Learning 
     Technologies Advancement Council which is part of the 
     Partnerships With Business program;
       $1,404,000 for the District Employment and Learning Center 
     within the Partnerships With Business program;
       $1,000,000 for a professional development program for 
     teachers and administrators which is also within the 
     Partnerships With Business program;
       $1,404,000 for Jobs for D.C. Graduates within the 
     Partnerships With Business program;
       $70,000 for the Everybody Wins program;
       $100,000 for the Fit Kids program;
       $250,000 for the operations of the Consensus Commission on 
     Public School Reform; and
       $5,000,000 for low-income scholarships.

                   Governmental Direction and Support

       The conference action appropriates $149,130,000 and 1,498 
     full-time equivalent positions including $117,464,000 and 
     1,158 full-time equivalent positions from local funds, 
     $2,464,000 and 5 full-time equivalent 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 instead of $149,793,000 
     and 1,465 full-time equivalent positions including 
     $118,167,000 and 1,125 full-time equivalent positions from 
     local funds, $2,464,000 and 5 full-time equivalent positions 
     from Federal funds, $4,474,000 and 71 full-time equivalent 
     positions from other funds, and $24,688,000 and 264 full-time 
     equivalent positions from intra-District funds as proposed by 
     the House and $150,721,000 and 1,465 full-time equivalent 
     positions as proposed by the Senate. The Senate did not 
     allocate the appropriation and full-time equivalent positions 
     by source of funding.
       The net decrease of $1,591,000 below the Senate allowance 
     consists of an increase of $889,000 for the Board of 
     Elections and Ethics and a reduction of $2,480,000 associated 
     with the decrease of 160 full-time equivalent positions 
     recommended by the Financial Management Authority as adjusted 
     to reflect the restoration of 5 full-time equivalent 
     positions for the operation of the Contract Appeals Board.
       The conferees have included $3,015,000 and 63 full-time 
     equivalent positions for the Board of Elections and Ethics 
     instead of $2,606,000 and 35 full-time equivalent positions 
     as recommended by the Financial Management Authority and 
     proposed by the House and $2,126,000 and 35 full-time 
     equivalent positions as requested by the District government 
     and proposed by the Senate. The increase of $889,000 and 28 
     full-time equivalent positions above the Senate allowance 
     will provide the funds and positions necessary to conduct the 
     District's two primary elections in fiscal year 1996. This 
     increase is based on correspondence from the Chairman of the 
     Council of the District of Columbia and officials of the 
     Board of Elections and Ethics.
       The conference agreement provides $511,000 and 5 full-time 
     equivalent positions for the Contract Appeals Board as 
     requested in the District's revised budget dated August 8, 
     1995.
       The conference action prohibits the use of revenues from 
     Federal sources to support the operations or activities of 
     the Statehood Commission and Statehood Compact Commission and 
     requires the District to identify the sources of funding for 
     Admission to Statehood from its own locally-generated 
     revenues as proposed by the Senate. The House bill had no 
     similar provision.
       Capital needs study and new FMS.--The conference agreement 
     provides $29,500,000 for pay-as-you-go capital projects of 
     which $1,500,000 is for a capital needs assessment study and 
     $28,000,000 is for the possible purchase of a new financial 
     management system that would serve all District agencies 
     including those that are considered independent such as the 
     Board of Education and the Courts as proposed by the House 
     and the Senate. The conference action also provides that 
     $2,000,000 of the $28,000,000 shall be made available 
     immediately for the first two phases of the project and that 
     the remaining $26,000,000 be made available after the 
     evaluation and assessment resulting from phases one and two 
     have been reviewed during a 30-day Congressional layover. The 
     House proposal required that the Financial Management 
     Authority submit a report to the General Accounting Office 
     within 90 days after the date of enactment of this Act for a 
     60-day review period to be followed by a 30-day Congressional 
     layover. The Senate proposal required the Financial 
     Management Authority to give prior approval to the work plan 
     and procurement documents for necessary hardware and software 
     before commencing work on phase 3, as described in the 
     Authority's report dated August 15, 1995.
       The conferees note that the present FMS was designed and 
     installed as a state-of-the-art system 15 years ago at which 
     time it was estimated to cost $16,000,000. However, because 
     of various matters that were overlooked or not thoroughly 
     evaluated the cost of the system more than doubled to 
     $38,000,000. The conferees also note that the General 
     Accounting Office reported on June 21, 1995 that: ``* * * 
     Millions of dollars of bills are not entered into the 
     Financial Management System until months and sometimes years 
     after they are paid.''. The conferees expect such problems to 
     be addressed and corrected as part of the phased approach to 
     evaluate the present system's capabilities.
       The conferees expect the evaluation and assessment report 
     to specify the deficiencies in the present financial 
     management system and to recommend improvements to the 
     present system as well as options other than purchasing a new 
     financial management system. To provide the best cost 
     estimates possible and to insure the proper identification of 
     the problems with the present FMS as well as to avoid any 
     delays in installing a new FMS, should one be needed, the 
     General Accounting Office is requested to review and monitor 
     the assessment process closely as it 

[[Page H1034]]
     is being performed so that a thorough and completely objective and 
     competent assessment is provided to the Congress.
       The following summary shows the allocation of the 
     Governmental Direction and Support appropriation by agency 
     from the fiscal year 1995 approved budget to the fiscal year 
     1996 conference approved level:

                                                                               GOVERNMENTAL DIRECTION AND SUPPORT                                                                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request      recommended           House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Council of the District of Columbia........................         $8,848,000         $8,380,000         $8,380,000         $8,284,000         $8,284,000         $8,380,000         $8,380,000
Office of the District of Columbia Auditor.................          1,029,000          1,057,000            961,000            961,000            961,000            961,000            961,000
Advisory Neighborhood Commissions..........................          1,196,000            572,000            572,000            572,000            572,000            572,000            572,000
Office of the Mayor........................................          1,552,000          1,753,000          1,753,000          1,753,000          1,753,000          1,753,000          1,753,000
Office of the Secretary....................................          2,380,000          2,721,000          2,497,000          2,529,000          2,529,000          2,497,000          2,497,000
Office of Inspector General................................          1,283,000            792,000            728,000            760,000            760,000            728,000            728,000
Office of Communications...................................            339,000            300,000            300,000            284,000            284,000            300,000            300,000
Office of Intergovernmental Relations......................          1,528,000          1,831,000          1,735,000          1,623,000          1,623,000          1,735,000          1,735,000
Office of City Administrator/Deputy Mayor of Operations....         10,509,000          2,776,000          4,776,000          4,680,000          4,680,000          4,776,000          4,776,000
Office of Personnel........................................                  0         12,217,000         11,828,000         11,716,000         11,716,000         11,828,000         11,220,000
Department of Administrative Services......................         40,720,000         29,621,000         39,496,000         38,496,000         38,496,000         39,168,000         38,288,000
Contract Appeals Board.....................................            647,000            607,000            511,000            479,000            479,000            511,000            511,000
Office of the Deputy Mayor for Finance.....................            318,000            320,000            320,000            320,000            320,000            320,000            320,000
Office of the Budget.......................................          2,645,000          2,606,000          4,042,000          3,946,000          3,946,000          4,042,000          4,010,000
Office of Financial Management.............................         15,146,000         23,417,000         43,329,000         43,377,000         43,377,000         43,329,000         43,009,000
Department of Finance and Revenue..........................         21,218,000         25,143,000         21,535,000         21,487,000         21,487,000         21,535,000         21,183,000
Board of Elections and Ethics..............................          2,612,000          3,086,000          2,126,000          2,606,000          2,606,000          2,126,000          3,015,000
Office of Campaign Finance.................................          1,018,000            997,000            933,000            805,000            805,000            933,000            773,000
Public Employee Relations Board............................            502,000            486,000            486,000            470,000            470,000            486,000            470,000
Office of Employee Appeals.................................          1,741,000          1,509,000          1,477,000          1,429,000          1,429,000          1,477,000          1,413,000
D.C. Retirement Board......................................         12,432,000                  0                  0                  0                  0                  0                  0
Metreopolitan Washington Council of Governments............            400,000            400,000            400,000            400,000            400,000            400,000            400,000
Statehood Commission.......................................            150,000                  0                  0                  0                  0                  0                  0
Office of Grants Management and Development................          2,864,000          2,864,000          2,864,000          2,816,000          2,816,000          2,864,000          2,816,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Government Direction and Support..............        131,077,000        123,455,000        150,721,000        149,793,000        149,793,000        150,721,000        149,130,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                  Economic Development and Regulation

       The conference action appropriates $140,983,000 and 1,692 
     full-time equivalent positions, including $68,203,000 and 698 
     full-time equivalent positions from local funds, $38,792,000 
     and 509 full-time equivalent 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 instead of $139,285,000 and 1,692 
     full-time equivalent positions including $66,505,000 and 696 
     full-time equivalent positions from local funds, $38,792,000 
     and 509 full-time equivalent positions from Federal funds, 
     $17,658,000 and 260 full-time equivalent positions from other 
     funds, and $16,330,000 and 227 full-time equivalent positions 
     from intra-District funds as proposed by the House and 
     $142,711,000 and 1,692 full-time equivalent positions as 
     proposed by the Senate. The Senate did not allocate the 
     appropriation and full-time equivalent positions by source of 
     funding.
       The decrease below the Senate allowance reflects a 
     reduction of $1,728,000 associated with the decrease of 108 
     full-time equivalent positions as recommended by the 
     Financial Management Authority.
       The following summary shows the allocation of the Economic 
     Development and Regulation appropriation by agency from the 
     fiscal year 1995 approved budget to the fiscal year 1996 
     conference approved level:

                                                                               ECONOMIC DEVELOPMENT AND REGULATION                                                                              
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request      recommended           House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation      allowance\1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Assistant City Administrator for Economic Development......         $4,531,000         $4,039,000         $4,039,000         $3,847,000         $3,847,000         $4,039,000         $3,943,000
Office of Banking and Financial Institutions...............            627,000            296,000            296,000            296,000            296,000            296,000            296,000
Office of Tourism and Promotion............................            463,000          1,000,000          1,000,000          1,000,000          1,000,000          1,000,000          1,000,000
Office of Planning.........................................          3,116,000          2,019,000          2,019,000          1,955,000          1,955,000          2,019,000          1,955,000
Office of Zoning...........................................            611,000            653,000            589,000            523,000            523,000            589,000            541,000
Department of Housing and Community Development............         17,154,000         16,196,000         16,036,000         15,508,000         15,508,000         16,036,000         15,988,000
Department of Public and Assisted Housing..................         76,573,000         73,176,000          8,500,000          8,420,000          8,420,000          8,500,000          8,420,000
Department of Employment Services..........................  .................         65,909,000         64,821,000         63,397,000         63,397,000         64,821,000         63,925,000
Board of Appeals and Review................................            130,000            147,000            147,000            131,000            131,000            147,000            131,000
Board of Real Property Assessments and Appeals.............            453,000            386,000            370,000            338,000            338,000            370,000            338,000
Department of Consumer and Regulatory Affairs..............         37,149,000         36,701,000         36,797,000         36,285,000         36,285,000         36,797,000         36,349,000
Public Service Commission..................................          6,192,000          5,600,000          5,600,000          6,080,000          6,080,000          5,600,000          5,600,000
Office of the People's Counsel.............................          2,859,000          2,497,000          2,497,000          1,505,000          1,505,000          2,497,000          2,497,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Economic Development and Regulation...........        149,858,000        208,619,000        142,711,000        139,285,000        139,285,000        142,711,000       140,983,000 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                       Public Safety and Justice

       The conference action appropriates $963,848,000 and 11,544 
     full-time equivalent positions, including $940,631,000 and 
     11,365 full-time equivalent positions from local funds, 
     $8,942,000 and 70 full-time equivalent positions from Federal 
     funds, $5,160,000 and 4 full-time equivalent positions from 
     other funds, and $9,115,000 and 105 full-time equivalent 
     positions from intra-District funds instead of $954,106,000 
     and 11,544 full-time equivalent positions including 
     $930,889,000 and 11,365 full-time equivalent positions from 
     local funds, $8,942,000 and 70 full-time equivalent positions 
     from Federal funds, $5,160,000 and 4 full-time equivalent 
     positions from other funds, and $9,115,000 and 105 full-time 
     equivalent positions from intra-District funds as proposed by 
     the House and $960,747,000 and 11,544 full-time equivalent 
     positions as proposed by the Senate. The Senate did not 
     allocate the appropriation and full-time equivalent positions 
     by source of funding.
       The net increase of $3,101,000 above the Senate allowance 
     reflects an increase of $3,325,000 for the Police and 
     Firefighters Retirement Fund and a reduction of $224,000 
     associated with the decrease of 14 full-time equivalent 
     positions recommended by the Financial Management Authority.
       The conference action provides $220,000,000 for the Police 
     and Firefighters Retirement Fund instead of $216,908,000 as 
     proposed by the House and $216,675,000 as proposed by the 
     Senate. The House allowance is based on the recommendations 
     of the Financial Management Authority and the Senate 
     allowance is based on the District's revised budget request. 
     The conference allowance of $220,000,000 is based on the 
     certification of the D.C. Retirement Board as required by 
     section 142(c)(2) of the D.C. Retirement Reform Act (Public 
     Law 96-122, approved November 17, 1979; 93 Stat. 880). 
     District officials failed to include the statutorily required 
     amount in their budget request.
       The conference action allocates funds under the 
     Metropolitan Police Department for the Georgetown Summer 
     Detail ($250,000), East of the River Detail ($200,000), Adams 
     Morgan detail ($100,000), and the Capitol Hill Summer Detail 
     ($100,000) as proposed by the Senate.
       The conferees did not approve bill language proposed by the 
     Senate that would have limited the number of inmates housed 
     in District operated or contracted community correctional 
     centers to no more than 1,000 on any given date.
       The following summary shows the allocation of the Public 
     Safety and Justice appropriation by agency from the fiscal 
     year 1995 approved budget to the fiscal year 1996 conference 
     approved level:

                                                                                    PUBLIC SAFETY AND JUSTICE                                                                                   
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request      recommended           House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Metropolitan Police Department.............................       $231,168,000       $246,357,000       $245,717,000       $246,011,000       $246,011,000       $245,717,000       $245,717,000
Fire and Emergency Medical Services Department.............         73,149,000         87,292,000         87,292,000         86,860,000         86,860,000         87,292,000         87,292,000
Police and Fire Retirement System..........................        204,900,000        216,675,000        216,675,000        216,908,000        216,908,000        216,675,000        220,000,000
Judges' Retirement System..................................          5,100,000          4,700,000          4,700,000          4,700,000          4,700,000          4,700,000          4,700,000
Court of Appeals...........................................          6,041,000          6,390,000          5,974,000          6,182,000          6,182,000          5,974,000          5,974,000
Superior Court.............................................         78,095,000         82,135,000         80,919,000         80,372,000         80,327,000         80,919,000         80,919,000
Court System...............................................         33,383,000         35,285,000         34,677,000         34,981,000         34,981,000         34,677,000         34,677,000
Office of the Corporation Counsel..........................         17,434,000         18,266,000         16,954,000         17,610,000         17,610,000         16,954,000         16,954,000
Settlements and Judgments..................................         11,000,000         14,800,000         14,800,000         14,800,000         14,800,000         14,800,000         14,800,000
Public Defender Service....................................          7,315,000          7,702,000          7,702,000                  0                  0          7,702,000          7,702,000
Pretrial Services Agency...................................          4,658,000          4,759,000          4,407,000          4,599,000          4,599,000          4,407,000          4,407,000
Department of Corrections..................................        219,793,000        233,518,000        232,302,000        232,628,000        232,628,000        232,302,000        232,302,000
Board of Parole............................................          5,458,000          5,386,000          5,322,000          5,370,000          5,370,000          5,322,000          5,322,000
National Guard.............................................          1,056,000          1,030,000            902,000            742,000            742,000            902,000            678,000
Office of Emergency Preparedness...........................          2,563,000          2,226,000          2,194,000          2,178,000          2,178,000          2,194,000          2,194,000
Commission on Judicial Disabilities and Tenure.............            127,000            130,000            130,000            130,000            130,000            130,000            130,000
Judicial Nomination Commission.............................             89,000             80,000             80,000             80,000             80,000             80,000             80,000
Civilian Complaint Review Board............................          1,173,000                  0                  0                  0                  0                  0                  0
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Safety and Justice.....................        902,466,000        966,731,000        960,747,000        954,106,000        954,106,000        960,747,000        963,848,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                        Public Education System

       The conference action appropriates $795,201,000 and 11,670 
     full-time equivalent positions, (including $676,251,000 and 
     9,996 full-time equivalent positions from local funds, 
     $87,385,000 and 1,227 full-time equivalent positions from 
     Federal funds, $21,719,000 and 234 full-time equivalent 
     positions from other funds, and $9,846,000 and 213 full-time 
     equivalent positions from intra-District funds instead of 
     $788,983,000 and 11,670 full-time equivalent positions 
     including $670,833,000 and 9,996 full-time equivalent 
     positions from local funds, $87,385,000 and 1,227 full-time 
     equivalent positions from Federal funds, $21,719,000 and 234 
     full-time equivalent positions from other funds, and 
     $9,046,000 and 213 full-time equivalent positions from intra-
     District funds as proposed by the House and $800,080,000 and 
     11,670 full-time equivalent positions as proposed by the 
     Senate. The Senate did not allocate the appropriation and 
     full-time equivalent positions by source of funding.
       The net decrease of $4,879,000 below the Senate allowance 
     consists of an increase of $2,625,000 for the Teachers' 
     Retirement System and a decrease of $7,504,000 associated 
     with the reduction of 469 full-time equivalent positions 
     recommended by the Financial Management Authority.
       The conference action also allocates to the public schools 
     of the District of Columbia $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 positions from other 
     funds, and $2,557,000 and 51 full-time equivalent positions 
     from intra-District funds instead of $577,242,000 and 10,167 
     full-time equivalent positions including $494,556,000 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 
     positions from other funds, and $2,557,000 and 51 full-time 
     equivalent positions from intra-District funds as proposed by 
     the House and $585,956,000 and 10,167 full-time equivalent 
     positions as proposed by the Senate. The Senate did not 
     allocate the appropriation and full-time equivalent positions 
     by source of funding.
       The conference action provides an additional $14,930,000 in 
     Federal funds appropriated under title I for the District's 
     public schools for Education Reform which are explained in 
     title II of this joint statement.
       The conferees urge that as resources permit, every effort 
     be made by District officials to provide funds to support 
     improvements to the Bell Multicultural High School building 
     facility and its academic programs.
       The conference action allocates $111,800,000 including 
     $111,000,000 from local funds and $800,000 from intra-
     District funds for the Teachers' Retirement Fund instead of 
     $109,175,000 allocated by the House and the Senate. The 
     conference allowance of $111,800,000 is based on the 
     certification of the D.C. Retirement Board to the Mayor and 
     Council as required by the D.C. Retirement Reform Act (Public 
     Law 96-122, approved November 17, 1979). District officials 
     failed to include the statutorily required amount in their 
     budget request.
       The conference action allocates to the University of the 
     District of Columbia $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 positions from other 
     funds, and $6,486,000 and 162 full-time equivalent positions 
     from intra-District funds instead of $79,269,000 and 1,079 
     full-time equivalent positions including $45,250,000 and 572 
     full-time equivalent positions from local funds, $10,611,000 
     and 156 full-time equivalent positions from Federal funds, 
     $16,922,000 and 189 full-time equivalent positions from other 
     funds, and $6,486,000 and 162 full-time equivalent positions 
     from intra-District funds as proposed by the House and 
     $81,940,000 and 1,079 full-time equivalent positions as 
     proposed by the Senate. The Senate did not allocate the 
     appropriation and full-time equivalent positions by source of 
     funding.
       The decrease of $2,544,000 below the Senate allowance 
     reflects the amount associated with the decrease of 159 full-
     time equivalent positions recommended by the Financial 
     Management Authority.
       The conference action allocates to the Public Library 
     $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 positions 
     from other funds, and $3,000 from intra-District funds 
     instead of $21,062,000 and 415 full-time equivalent positions 
     including $20,159,000 and 408 full-time equivalent positions 
     from local funds, $446,000 and 6 full-time equivalent 
     positions from Federal funds, $454,000 and 1 full-time 
     equivalent positions from other funds, and $3,000 from intra-
     District funds as proposed by the House and $20,742,000 and 
     415 full-time equivalent positions as proposed by the Senate. 
     The Senate did not allocate the appropriation and full-time 
     equivalent positions by source of funding.
       The conference action allocates to the Commission on the 
     Arts and Humanities $2,267,000 and 9 full-time equivalent 
     positions as proposed by the House and the Senate including 
     $1,725,000 and 2 full-time equivalent positions from local 
     funds and $542,000 and 7 full-time equivalent positions from 
     Federal funds as proposed by the House. The Senate did not 
     allocate the appropriation and full-time equivalent positions 
     by source of funding.
       The conference action deletes the allocation of $64,000 
     from local funds for the District of Columbia School of Law 
     and the reduction of $96,000 for the Education Licensure 
     Commission proposed by the House based on the recommendation 
     of the Financial Management Authority and stricken by the 
     Senate.
       The following summary shows the allocation of the Public 
     Education System appropriation by agency from the fiscal year 
     1995 approved budget to the fiscal year 1996 conference 
     approved level:

                                                                                     PUBLIC EDUCATION SYSTEM                                                                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request      recommended           House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Board of Education (Public Schools)........................       $621,100,000       $585,956,000       $585,956,000       $577,242,000       $577,242,000       $585,956,000       $580,996,000
Teachers' Retirement System................................         87,100,000        109,175,000        109,175,000        109,175,000        109,175,000        109,175,000        111,800,000
University of the District of Columbia.....................         89,768,000         84,820,000         81,940,000         79,269,000         79,269,000         81,940,000         79,396,000
D.C. School of Law.........................................          8,288,000                  0                  0             64,000             64,000                  0                  0
Educational Licensure Commission...........................                  0            320,000                  0           (96,000)           (96,000)                  0                  0
Public Library.............................................         22,213,000         21,382,000         20,742,000         21,062,000         21,062,000         20,742,000         20,742,000
Commission on the Arts and Humanities......................          3,834,000          2,267,000          2,267,000          2,267,000          2,267,000          2,267,000          2,267,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Education System.......................        832,303,000        803,920,000        800,080,000        788,983,000        788,983,000        800,080,000        795,201,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          


[[Page H1036]]


                            Education Reform

       The conference action provides $14,930,000 for Education 
     Reform as authorized under title II of this Act. An 
     explanation of the programs involved is included under title 
     II of this joint statement.

                         Human Support Services

       The conference action appropriates $1,855,014,000 and 6,469 
     full-time equivalent positions, including $1,076,856,000 and 
     3,650 full-time equivalent positions from local funds, 
     $726,685,000 and 2,639 full-time equivalent 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 instead of 
     $1,845,638,000 and 6,469 full-time equivalent positions 
     including $1,067,516,000 and 3,650 full-time equivalent 
     positions from local funds, $726,685,000 and 2,639 full-time 
     equivalent positions from Federal funds, $46,763,000 and 66 
     full-time equivalent positions from other funds, and 
     $4,674,000 and 114 full-time equivalent positions from intra-
     District funds as proposed by the House and $1,859,622,000 
     and 6,469 full-time equivalent positions as proposed by the 
     Senate. The Senate did not allocate the appropriation and 
     full-time equivalent positions by source of funding.
       The decrease of $4,608,000 below the Senate allowance 
     reflects the amount associated with the decrease of 288 full-
     time equivalent positions as recommended by the Financial 
     Management Authority.
       LaShawn General Receivership.--On August 23, 1995, the 
     United States District Court for the District of Columbia 
     issued an order in the matter of LaShawn A. v. Barry. The 
     court appointed a General Receiver for the District of 
     Columbia child welfare system, including responsibility for 
     programs located in several District agencies, and directed 
     the Receiver to propose a comprehensive annual budget for 
     fiscal year 1996 to the Court and to the District of Columbia 
     Financial Responsibility and Management Assistance Authority. 
     The order further directed the ``creation of an independent 
     budget function'' and ``independent fiduciary mechanism for 
     receipt and disbursement of funds to operate the child 
     welfare system.'' On November 27, 1995, the Receiver 
     submitted a proposed budget to the Court and the Financial 
     Management Authority in the amount of $130,569,925.
       Unlike the receiver controlling the District's public 
     housing program, the LaShawn receiver is responsible for 
     programs and functions that cut across departmental lines. 
     The judge's order identifies child welfare functions in the 
     Department of Human Services, the Department of 
     Administrative Services, the District of Columbia Office of 
     Personnel, and the Department of Consumer and Regulatory 
     Affairs.
       As with all court orders, and particularly court-appointed 
     receivers, the LaShawn Receivership reduces the District's 
     ability to set budgets based on local priorities. It also 
     makes the job that Congress has charged the Financial 
     Management Authority with carrying out more difficult. It is 
     that relationship between the receiver and the Financial 
     Management Authority that is potentially most troublesome. 
     Certainly, the conferees agree that the children in the 
     District's foster care program as well as other elements of 
     the child welfare system should be cared for adequately and 
     appropriately. The conferees hope that the receivership and 
     the Financial Management Authority will work together to 
     ensure that adequate resources are available.
       Human Support Services Appropriation.--The following 
     summary shows the allocation of the Human Support Services 
     appropriation by agency from the fiscal year 1995 approved 
     budget to the fiscal year 1996 conference approved level:

                                                                                     HUMAN SUPPORT SERVICES                                                                                     
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request,     recommended,          House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Human Services...............................     $1,404,633,000     $1,718,211,000     $1,709,827,000     $1,694,979,000     $1,694,979,000     $1,709,827,000     $1,705,427,000
Department of Recreation and Parks.........................         30,635,000         35,877,000         31,653,000         32,613,000         32,613,000         31,653,000         31,653,000
Office on Aging............................................         19,082,000         19,089,000         19,025,000         19,009,000         19,009,000         19,025,000         19,009,000
D.C. General Hospital Payment..............................         46,735,000         56,735,000         56,735,000         56,735,000         56,735,000         56,735,000         56,735,000
Unemployment Compensation Fund.............................          7,944,000         10,000,000         10,000,000         10,000,000         10,000,000         10,000,000         10,000,000
Disability Compensation Fund...............................         20,800,000         26,000,000         26,000,000         26,000,000         26,000,000         26,000,000         26,000,000
Department of Human Rights and Minority Business                                                                                                                                                
 Development...............................................          1,796,000          1,621,000          1,301,000          1,429,000          1,429,000          1,301,000          1,301,000
Office on Latino Affairs...................................          1,128,000            657,000            657,000            657,000            657,000            657,000            657,000
Commission for Women.......................................            282,000             20,000             20,000             20,000             20,000             20,000             20,000
Energy Office..............................................          9,613,000          4,404,000          4,404,000          4,196,000          4,196,000          4,404,000          4,212,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Human Support Services........................      1,542,648,000      1,872,614,000      1,859,622,000      1,845,638,000      1,845,638,000      1,859,622,000      1,855,014,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                              Public Works

       The conference action appropriates $297,568,000 and 1,914 
     full-time equivalent positions as proposed by the House and 
     the Senate 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 instead of $297,326,000 and 1,914 
     full-time equivalent positions including $225,673,000 and 
     1,158 full-time equivalent positions from local funds, 
     $2,682,000 and 32 full-time equivalent positions from Federal 
     funds, $18,342,000 and 68 full-time equivalent positions from 
     other funds, and $50,629,000 and 656 full-time equivalent 
     positions from intra-District funds as proposed by the House. 
     The Senate did not allocate the appropriation and full-time 
     equivalent positions by source of funding.
       D.C. Canine Facility.--The Metropolitan Police Department 
     has had a long-standing need to construct a modernized canine 
     training facility at a location near D.C. Village. The design 
     plan has been finalized, requests for proposal have been 
     issued, construction proposals have been received, and the 
     project is ready to commence but awaits the necessary funds. 
     The funding for this project is available from the Washington 
     Metropolitan Area Transit Authority as a result of earlier 
     agreements but is being withheld until payment by DPW of 
     certain highway trust funds owed to WMATA. The canine program 
     is an integral component of the entire public safety program 
     in the District and the availability of these funds 
     represents an opportunity that should not be ignored. The 
     conferees direct the Department of Public Works and other 
     appropriate authorities to work out the transfer of these 
     funds between DPW and WMATA and expedite this project as 
     quickly as possible. The conferees further direct DPW and 
     WMATA to submit a report on the first of each month to the 
     House and Senate Committees on Appropriations on their 
     efforts to begin the construction of this facility. These 
     reports are to be submitted until a construction contract has 
     been signed with periodic reports thereafter on the status of 
     construction and completion dates.
       Washington Metropolitan Area Transit Authority.--The 
     conference action provides $130,899,000 as proposed by the 
     House and the Senate for the District's share of the 
     operating expenses and debt service for Metrorail and 
     Metrobus operations. The conferees expect the District to 
     meet its obligations to the Washington Metropolitan Area 
     Transit Authority on time and in full. The District's 
     obligation to make payments to WMATA is determined through 
     regional agreements and service levels in place and is not 
     discretionary in nature. The conferees strongly urge the 
     District to uphold its regional commitments to avoid the 
     associated adverse impacts for other jurisdictions in the 
     region. Further, the conferees fear that any level of funding 
     below that recommended could jeopardize those regional 
     agreements and result in significant service curtailments in 
     the District, thus impeding the ability of residents to 
     access employment opportunities throughout the region.
       A discussion of the D.C. Canine Facility precedes the above 
     paragraph and is called to the attention of WMATA officials. 
     The conferees urge WMATA and DPW officials to expedite the 
     transfer of the necessary funds and to submit monthly reports 
     on their progress until a construction contract is signed, as 
     required above.
       Public Works Appropriation.--The following summary shows 
     the allocation of the Public Works appropriation by agency 
     from the fiscal year 1995 approved budget to the fiscal year 
     1996 conference approved level:

                                                                                          PUBLIC WORKS                                                                                          
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request      recommended           House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Public Works.................................       $156,348,000       $164,848,000       $161,227,000       $160,985,000       $160,985,000       $161,227,000       $161,227,000
Pay-as-you-go..............................................                  0                  0                  0            288,000            288,000                  0                  0
Taxicab Commission.........................................          1,787,000          1,661,000          1,501,000          1,213,000          1,213,000          1,501,000          1,501,000
Washington Metropolitan Area Transit Commission............             96,000             96,000             96,000             96,000             96,000             96,000             96,000
Washington Metropolitan Area Transit Authority (Metro).....        117,051,000        126,899,000        130,899,000        130,899,000        130,899,000        130,899,000        130,899,000

[[Page H1037]]
                                                                                                                                                                                                
School transit subsidy.....................................          4,345,000          3,845,000          3,845,000          3,845,000          3,845,000          3,845,000          3,845,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Works..................................        279,627,000        297,349,000        297,568,000        297,326,000        297,326,000        297,568,000        297,568,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of personal and nonpersonal services adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          



           Washington Convention Center Fund Transfer Payment

       The conference action revises the heading as proposed by 
     the Senate and appropriates $5,400,000 as proposed by the 
     House and the Senate from local funds as proposed by the 
     House. The Senate did not allocate the appropriation by 
     source of funding.

                    Repayment of Loans and Interest

       The conference action appropriates $327,787,000 from local 
     funds as proposed by the House instead of $257,787,000 as 
     proposed by the Senate. The Senate did not allocate the 
     appropriation by source of funding.

                Repayment of General Fund Recovery Debt

       The conference action appropriates $38,678,000 as proposed 
     by the House and the Senate to be derived from local funds as 
     proposed by the House. The Senate did not allocate the 
     appropriation by source of funding.

             Repayment of Interest on Short-Term Borrowing

       The conference action changes the heading and appropriating 
     language for Repayment of Interest on Short-Term Borrowing as 
     proposed by the Senate and appropriates $9,698,000 from local 
     funds as proposed by the House and the Senate to be derived 
     from local funds as proposed by the House. The Senate did not 
     allocate the appropriation by source of funding.

             Pay Renegotiation or Reduction in Compensation

       The conference action requires a reduction in personal 
     services of $46,409,000 as proposed by the House and the 
     Senate. The reduction is to be derived by reducing the rates 
     of compensation for District government employees, who are 
     subject to collective bargaining agreements, to the extent 
     possible through the renegotiation of existing agreements. 
     The bill language as requested by the District government and 
     proposed by the House and the Senate provides that if a 
     sufficient reduction through renegotiating existing 
     agreements is not realized from employees who are subject to 
     collective bargaining agreements, the Mayor shall decrease 
     rates of compensation for such employees, notwithstanding the 
     provisions of any collective bargaining agreements.
       In addition, the conference action includes bill language 
     ratifying and approving legislation enacted during fiscal 
     year 1995 by the Council of the District of Columbia reducing 
     the compensation and benefits of all employees of the 
     District of Columbia government during that fiscal year. 
     Because of the District's fiscal crisis, the Council passed a 
     series of emergency, temporary, and permanent measures during 
     fiscal year 1995 to provide immediate and concrete savings in 
     personal services through reducing the wages of all District 
     government employees in the latter half of fiscal year 1995 
     and into fiscal year 1996. These measures affected both union 
     and non-union employees. The terms, nature, and effective 
     dates of these reductions varied, both for those groups of 
     employees who negotiated reduction plans with District 
     representatives and those groups of employees who did not. 
     The reductions were made effective through acts of the 
     Council which were ultimately included in the Omnibus Budget 
     Support Act of 1995, D.C. Law 11-52, effective September 26, 
     1995, 42 DCR 3684, 5604. Substantial savings were achieved 
     during fiscal year 1995 through these reductions. In 
     ratifying the actions of the Council in enacting these wage 
     reductions, some of which have been challenged in the courts, 
     it is the express intent of the conferees that the savings 
     realized in fiscal year 1995 be preserved and that wage 
     reductions be continued into fiscal year 1996 and future 
     years.

                             Rainy Day Fund

       The conference action appropriates $4,563,000 for the rainy 
     day fund as proposed by the House and the Senate to be 
     derived from local funds as proposed by the House. The Senate 
     did not allocate the appropriation by source of funding.

                        Incentive Buyout Program

       The conference action appropriates $19,000,000 as proposed 
     by the House and the Senate for costs associated with the 
     incentive buyout program. The Senate did not allocate the 
     appropriation by source of funding.

                         Outplacement Services

       The conference action changes the heading and appropriating 
     language for Outplacement Services as proposed by the Senate 
     and appropriates $1,500,000 as proposed by the House and the 
     Senate.

                         Boards and Commissions

       The conference action requires a reduction of $500,000 as 
     proposed by the House and the Senate to reflect the 
     elimination of stipends for most boards and commissions.

                   Government Re-Engineering Program

       The conference action requires a reduction of $16,000,000 
     as proposed by the House and the Senate to be realized by 
     consolidating and eliminating agencies, procurement reform, 
     privatization, and program service re-engineering.
       The following summary shows the allocation of the various 
     ``Financing and Other Uses'' appropriations from the fiscal 
     year 1995 approved budget to the fiscal year 1996 conference 
     approved level:

                                                                                    FINANCING AND OTHER USES                                                                                    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Authority                                                                
                   Agency/Activity                     Fiscal year 1995    Budget estimates,    Revised request   recommended fiscal         House              Senate            Conference    
                                                           approved        fiscal year 1996    fiscal year 1996        year 1996        recommendation      recommendation       allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Washington Convention Center transfer payment.......        $12,850,000          $5,400,000          $5,400,000          $5,400,000          $5,400,000          $5,400,000          $5,400,000 
Repayment of loans and interest.....................        306,768,000         285,787,000         257,787,000         327,787,000         327,787,000         257,787,000         327,787,000 
Repayment of General Fund recovery debt.............         38,678,000          38,678,000          38,678,000          38,678,000          38,678,000          38,678,000          38,678,000 
Short-term borrowing................................          5,000,000           9,698,000           9,698,000           9,698,000           9,698,000           9,698,000           9,698,000 
Optical and dental benefits.........................          3,312,000                   0                   0                   0                   0                   0                   0 
Restructure health benefits program.................                  0                   0                   0                   0                   0                   0                   0 
Pay adjustment......................................        106,095,000                   0                   0                   0                   0                   0                   0 
Pay renegotiation or reduction in compensation......                  0         (46,409,000)        (46,409,000)        (46,409,000)        (46,409,000)        (46,409,000)        (46,409,000)
Incentive buyout payments...........................                  0           8,000,000          19,000,000          19,000,000          19,000,000          19,000,000          19,000,000 
Outplacement services...............................                  0                   0           1,500,000           1,500,000           1,500,000           1,500,000           1,500,000 
D.C. General Hospital deficit payment...............         10,000,000                   0                   0                   0                   0                   0                   0 
Rainy day fund......................................         22,508,000                   0           4,563,000           4,563,000           4,563,000           4,563,000           4,563,000 
Job-producing economic development incentives.......         22,600,000                   0                   0                   0                   0                   0                   0 
Cash reserve fund...................................          3,957,000                   0                   0                   0                   0                   0                   0 
Boards and Commissions reduction....................                  0            (500,000)           (500,000)           (500,000)           (500,000)           (500,000)           (500,000)
Government re-engineering program...................                  0         (20,000,000)        (16,000,000)        (16,000,000)        (16,000,000)        (16,000,000)        (16,000,000)
Personal and nonpersonal services adjustment........        (13,632,000)                  0                   0                   0        (148,411,000)        (11,264,000)       (150,907,000)
Sec. 138 spending reductions........................       (140,000,000)                  0                   0                   0                   0                   0                   0 
                                                     -------------------------------------------------------------------------------------------------------------------------------------------
      Total, financing and other uses...............        378,136,000         280,654,000         273,717,000         343,717,000         195,306,000         262,453,000         192,810,000 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of personal and nonpersonal services adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                             Capital Outlay


                        (including rescissions)

       The conference action restores ``(Including Rescissions)'' 
     in the heading as proposed by the House and stricken by the 
     Senate and appropriates $168,222,000 (including $82,850,000 
     from local funds and $85,372,000 from Federal funds) instead 
     of $168,222,000 as proposed by the House and $82,850,000 
     proposed by the Senate. The House and Senate did not allocate 
     the appropriation by source of funding. The conference action 
     restores the provisos under capital outlay proposed by the 
     House and stricken by the Senate requiring that each project 
     shall be managed and controlled in accordance with all 
     procedures and limitations of the financial management system 
     (FMS); that all funds provided shall be available only for 
     the specific projects and purposes intended; that 
     authorizations and funds for projects covered by the first 
     sentence of section 23(a) of the Federal-Aid Highway Act of 
     1968 shall expire on September 30, 1997 unless funds have 
     been obligated in whole or in part prior to September 30, 
     1997; and provides that funds for expiring projects shall 
     lapse.

                    Water and Sewer Enterprise Fund

       The conference action appropriates $242,253,000 and 1,024 
     full-time equivalent positions, including $237,076,000 and 
     924 full-time equivalent positions from local funds, $433,000 
     from other funds, and $4,744,000 and 

[[Page H1038]]
     100 full-time equivalent positions from intra-District funds instead of 
     $193,398,000 and 1,024 full-time equivalent positions 
     including $188,221,000 and 924 full-time equivalent positions 
     from local funds, $433,000 from other funds, and $4,744,000 
     and 100 full-time equivalent positions from intra-District 
     funds as proposed by the House and $243,853,000 and 1,024 
     full-time equivalent positions as proposed by the Senate. The 
     Senate did not allocate the appropriation and full-time 
     equivalent positions by source of funding.
       The decrease of $1,600,000 below the Senate reflects the 
     reduction associated with the decrease of 100 full-time 
     equivalent positions recommended by the Financial Management 
     Authority.
       The conference action appropriates $39,477,000 from Federal 
     funds for capital outlay projects with the necessary bill 
     language as proposed by the House. The House bill did not 
     allocate the appropriation by source of funding. The Senate 
     bill did not include an appropriation or bill language for 
     this purpose.
       Language in section 154 establishes two separate accounts 
     within the Water and Sewer Enterprise Fund--one for waste 
     water treatment user charges and the other for EPA grants and 
     other construction appropriations and funds.
       The conferees are concerned about reports that District 
     officials have diverted to other programs at least $233 
     million in user charges and other funds collected for the 
     construction, operation and maintenance of the Blue Plains 
     Wastewater Treatment Facility and waste water treatment 
     works. As a result of this diversion of funds, issues have 
     surfaced concerning the availability of resources necessary 
     to ensure the safe and effective maintenance and operation of 
     the facility. The conferees are also concerned that 
     construction grant funds for wastewater treatment works from 
     the United States Environmental Protection Agency have been 
     used by District officials for other purposes contrary to 
     law. To address these concerns, statutory provisions have 
     been added in section 154 to require that the District 
     government maintain separate accounts or subaccounts for user 
     charges collected and monies paid by user jurisdictions 
     specifically for the operation and maintenance, including 
     debt service and capital costs, of the waste water treatment 
     works and for grant funds received by the District government 
     from EPA for construction of the Blue Plains Wastewater 
     Treatment Facility and related waste water treatment works.
       The conferees have learned that the District of Columbia 
     government has failed to pay certain outstanding contractor 
     and vendor invoices for construction and operation and 
     maintenance of the Blue Plains facility. This practice is 
     unacceptable and must be addressed and must be reflected in 
     the budget and financial plan for fiscal years 1996 and 1997 
     submitted to the Financial Management Authority on February 
     1, 1996. The conferees direct that the District government 
     submit to the House and Senate Committee on Appropriations a 
     report by April 1, 1996, on the status of the actions taken 
     to resolve these financial issues.
       The conferees intend that these statutory provisions not be 
     construed to impede any plans to turn the Blue Plains 
     Wastewater Treatment Plant over to a regional authority or 
     some other entity upon approval of such plans by the 
     appropriate parties. The conferees request that the April 1, 
     1996 report referred to above provide an update on progress 
     made to establish a regional authority which would be 
     responsible for the overall management of the Blue Plains 
     Wastewater Treatment Facility and related waste water 
     treatment works.

              Lottery and Charitable Games Enterprise Fund

       The conference action appropriates $229,950,000 and 88 
     full-time equivalent positions as proposed by the Senate 
     including $7,950,000 and 88 full-time equivalent positions 
     for administrative expenses and $222,000,000 for non-
     administrative expenses from revenue generated by the Lottery 
     Board instead of $229,907,000 and 88 full-time equivalent 
     positions including $8,099,000 and 88 full-time equivalent 
     positions for administrative expenses and $221,808,000 for 
     non-administrative expenses from revenue generated by the 
     Lottery Board as proposed by the House. The Senate did not 
     allocate the appropriation and full-time equivalent positions 
     by source of funding.
       The decrease of $192,000 and 12 full-time equivalent 
     positions below the Senate allowance reflects a reduction in 
     the Board's administrative expenses.

                    Cable Television Enterprise Fund

       The conference action appropriates $2,351,000 and 8 full-
     time equivalent positions including $2,019,000 and 8 full-
     time equivalent positions from local funds and $332,000 from 
     other funds instead of $2,469,000 including $2,137,000 from 
     local funds and $332,000 from other funds as proposed by the 
     House and $2,351,000 and 8 full-time equivalent positions as 
     proposed by the Senate. The Senate did not allocate the 
     appropriation and full-time equivalent positions by source of 
     funding.
       The conference action transfers $572,000 to the general 
     fund as proposed by the Senate instead of $690,000 as 
     proposed by the House.

                             Starplex Fund

       The conference action appropriates $6,580,000 from other 
     funds instead of $8,637,000 from other funds as proposed by 
     the House and $6,580,000 as proposed by the Senate. The 
     Senate did not allocate the appropriation by source of 
     funding.


                         D.C. General Hospital

       The conference action appropriates $115,034,000 of which 
     $56,735,000 is to be derived by transfer as intra-District 
     funds from the general fund, $52,684,000 is to be derived 
     from other funds and $5,615,000 is to be derived from intra-
     District funds instead of a reduction of $2,487,000 and a 
     reduction of 180 full-time equivalent positions as proposed 
     by the House in accordance with the recommendation of the 
     Financial Management Authority and $115,034,000 of which 
     $56,735,000 is to be derived by transfer from the general 
     fund as proposed by the Senate.

                         D.C. Retirement Board

       The conference action appropriates $13,440,000 and 11 full-
     time equivalent positions from the earnings of the applicable 
     retirement funds as proposed by the Senate instead of 
     $13,417,000 and 11 full-time equivalent positions from the 
     earnings of the applicable retirement funds as proposed by 
     the House.

                      Correctional Industries Fund

       The conference action appropriates $10,516,000 and 66 full-
     time equivalent positions 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 
     instead of $10,048,000 including $3,415,000 and 22 full-time 
     equivalent positions from other funds and $6,633,000 and 44 
     full-time equivalent positions from intra-District funds as 
     proposed by the House and $10,516,000 and 66 full-time 
     equivalent positions as proposed by the Senate. The Senate 
     did not allocate the appropriation and full-time equivalent 
     positions by source of funding.

              Washington Convention Center Enterprise Fund

       The conference action appropriates $37,957,000 of which 
     $5,400,000 shall be derived by transfer from the general fund 
     and $32,557,000 from other funds for the Washington 
     Convention Center Enterprise as proposed by the House and the 
     Senate.

   D.C. Financial Responsibility and Management Assistance Authority

       The conference action appropriates $3,500,000 from local 
     funds for the District of Columbia Financial Responsibility 
     and Management Assistance Authority as proposed by the House 
     and the Senate.

             Personal and Nonpersonal Services Adjustments

       The conference agreement requires a general net reduction 
     of 165,837,000 in personal and nonpersonal services for 
     fiscal year 1996 instead of $148,411,000 as proposed by the 
     House and $11,264,000 proposed by the Senate. The conference 
     agreement also provides that the net reduction is to be made 
     by the District's Chief Financial Officer on behalf of the 
     Mayor in accordance with the direction of the Financial 
     Management Authority pursuant to section 208 of Public Law 
     104-8, approved April 17, 1995, as proposed by the House. The 
     Senate language required by the Mayor, in consultation with 
     the Council and the Financial Management Authority, to reduce 
     appropriations and expenditures for personal services costs 
     in the amount of $11,264,000. The conferees direct that the 
     allocation of this reduction to the departments, agencies and 
     programs be made within 30 days after the date of enactment 
     of this Act and reflected in the financial plan that will be 
     transmitted to the Congress by March 1, 1996 with the 
     District's fiscal year 1996 supplemental budget request.
       The District's judicial branch of government is one of the 
     better managed entities in the District government. All 
     personnel including those in supervisory roles appear to be 
     well trained and dedicated to excellence. Its financial 
     management and information systems appear to be well designed 
     with state-of-the-art automation. Requests for financial 
     information such as obligations incurred, accounts receivable 
     and payable, and balances are readily available which is not 
     always the case elsewhere in the District government. While 
     the conferees understand the need for independence by the 
     District's judicial branch of government, the conferees also 
     expect its full cooperation with the executive and 
     legislative branches of the District government as well as 
     the Financial Management Authority in addressing the 
     District's financial crisis. The conferees do not expect the 
     judicial branch to make budget reductions that are 
     proportionately greater than those experienced by the 
     executive and legislative branches. However, at a minimum, 
     the judicial branch must meet the level of reductions applied 
     to the executive and legislative branches. The conferees 
     believe the high quality and caliber of all court personnel 
     including the management staff provide the courts with the 
     capability to meet the challenges posed by the current 
     financial crisis without sacrificing standards and public 
     service. Although language in Public Law 104-8, approved 
     April 17, 1995, specifically exempts the courts from 
     oversight by the Financial Management Authority, that 
     exemption applies only to the independence of the courts 
     which are still an integral part of the District government 
     and therefore must share proportionately in all budget and 
     full-time equivalent position reductions as recommended by 
     the Financial Management Authority. The exemption allows the 
     courts to determine how to allocate 

[[Page H1039]]
     the reductions; it does not absolve the courts from making them and 
     should not be interpreted otherwise. Section 445 of the Home 
     Rule Act (Public Law 93-198, approved December 24, 1973) 
     requires that the courts' budget as prepared by the courts be 
     transmitted by the Mayor and Council without change but 
     subject to their comments and recommendations. The conferees 
     expect the District's Chief Financial Officer and the 
     Financial Management Authority to likewise comment and make 
     recommendations on the courts' budget.
       The following summary shows the allocation of the various 
     appropriations for enterprise funds by agency from the fiscal 
     year 1995 approved budget to the fiscal year 1996 conference 
     approved level:

                                                                                        ENTERPRISE FUNDS                                                                                        
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                          Authority                                                             
                      Agency/Activity                         Fiscal year 1995  Budget estimates,   Revised request,     recommended,          House              Senate           Conference   
                                                                  approved       fiscal year 1996   fiscal year 1996   fiscal year 1996    recommendation     recommendation     allowance \1\  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Department of Public Works (Utility Administration)........        254,563,000        204,329,000        204,329,000        193,398,000        193,398,000        204,329,000        202,729,000
Washington Aqueduct........................................         21,013,000         39,524,000         39,524,000                  0                  0         39,524,000         39,524,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Water and Sewer Enterprise Fund...............        275,576,000        243,853,000        243,853,000        193,398,000        193,398,000        243,853,000        242,253,000
Lottery and Charitable Games...............................        192,068,000        229,950,000        229,950,000        229,907,000        229,907,000        229,950,000        229,950,000
Cable Television...........................................          2,654,000          2,351,000          2,351,000          2,469,000          2,469,000          2,351,000          2,351,000
Sports Commission (STARPLEX)...............................          6,392,000          6,580,000          6,580,000          8,637,000          8,637,000          6,580,000          6,580,000
D.C. General Hospital......................................        143,920,000        115,034,000        115,034,000        (2,487,000)        (2,487,000)        115,034,000         58,299,000
Retirement Board...........................................                  0         13,440,000         13,440,000         13,417,000         13,417,000         13,440,000         13,440,000
Correctional Industries Fund...............................          7,642,000         10,516,000         10,516,000         10,048,000         10,048,000         10,516,000         10,516,000
Washington Convention Center...............................         19,541,000         37,957,000         37,957,000         37,957,000         37,957,000         37,957,000         32,557,000
D.C. Financial Responsibility and Management Assistance                                                                                                                                         
 Authority.................................................                  0                  0          3,500,000          3,500,000          3,500,000          3,500,000          3,500,000
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Enterprise Funds..............................        647,793,000        659,681,000        663,181,000        496,846,000        496,846,000        663,181,000        599,446,000
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Does not reflect allocation of Personal and Nonpersonal Services Adjustment of -$150,907,000 to be made by Mayor under the direction of the District of Columbia Financial Responsibility   
  and Management Assistance Authority.                                                                                                                                                          

                           General Provisions

       The conference action amends section 110 by requiring that 
     the District's fiscal year 1997 budget be transmitted to 
     Congress ``no later than April 15, 1996 or as provided for 
     under the provisions of Public Law 104-8, approved April 17, 
     1995'' instead of by April 15, 1996 as proposed by the House 
     and the Senate. This change allows for additional time that 
     may be required by the Financial Management Authority to 
     review the District's budget as provided in Public Law 104-8.
       The conference action amends section 117 to take cognizance 
     of the Financial Management Authority's role in the 
     reprogramming process. The Financial Management Authority was 
     established by Public Law 104-8, approved April 17, 1995.
       The conference action deletes section 124 proposed by the 
     Senate which would have extended for one year the period of 
     time the District could sell general obligation bonds through 
     a private sale on a negotiated basis rather than on a 
     competitive bid basis.
       Section 466 of the Home Rule Act (Public Law 93-198, 
     approved December 24, 1973; 87 Stat. 806) requires that all 
     general obligation bonds be sold at public sale with sealed 
     proposals. To acclimate the District to the bond market, the 
     Home Rule Act was amended in 1981 by Public Law 97-105 to 
     give the District a 3-year grace period when it could sell 
     bonds ``at either a public sale or at a private sale on a 
     negotiated basis in such manner as the Mayor may determine to 
     be in the public interest''.
       The purpose of the grace period was to give the District 
     some exposure or ``experience'' in the municipal bond market. 
     The District did not enter the bond market until after the 
     grace period had expired. To provide for the 3-year grace 
     period, the District requested one-year extensions for 
     negotiated sales in the appropriations bills. Those requests 
     were approved in each of the last 10 years. The normal 3-year 
     grace period ended in 1988.
       The conference action deletes section 131 proposed by the 
     House and deleted by the Senate that would have amended 
     section 602(a) of the Home Rule Charter (Public Law 93-198, 
     approved December 24, 1973) to prohibit the District 
     government from enacting legislation that obligates funds for 
     any abortion or appropriates funds to any facility owned or 
     operated by the District in which any abortion is performed, 
     except where the life of the mother would be endangered if 
     the fetus were carried to term, or in cases of forcible rape 
     reported within 30 days to a law enforcement agency, or cases 
     of incest reported to a law enforcement agency or child abuse 
     agency prior to the performance of the abortion.
       The conference action amends section 132 proposed by the 
     Senate by changing the section number to 131 and prohibiting 
     the use of any funds in this Act for any abortion except to 
     save the life of the mother or in cases of rape or incest.
       The conference action deletes section 132 proposed by the 
     House and stricken by the Senate which would have prohibited 
     the use of funds appropriated in this Act on any proposed 
     change in either the use or configuration of, or on any 
     improvement to, the Municipal Fish Wharf until the proposed 
     change or improvement had been reviewed and approved by 
     Federal and local authorities.
       The conference action deletes section 133 proposed by the 
     House and stricken by the Senate that expressed the sense of 
     the Congress that, to the greatest extent practicable, all 
     equipment and products purchased with funds made available in 
     this Act should be American made.
       The conference action deletes section 134 proposed by the 
     House and stricken by the Senate which would have prohibited 
     the use of any funds in the bill to implement or enforce any 
     system of registration of unmarried, cohabiting couples 
     whether they are homosexual, lesbian, or heterosexual, 
     including but not limited to registration for the purpose of 
     extending employment, health, or governmental benefits to 
     such couples on the same basis that such benefits are 
     extended to legally married couples. The language also would 
     have repealed the District's Health Care Benefits Expansion 
     Act (D.C. Law 9-114, D.C. Code, sec. 36-1401 et seq.) 
     commonly referred to as the Domestic Partners Act. Section 
     132 of this Act reflects section 140 as proposed by the 
     Senate amended to continue current law which prohibits the 
     use of any appropriated funds to (1) implement or enforce any 
     registration system of unmarried, cohabiting couples and (2) 
     implement or enforce the Domestic Partners Act.
       The conference action amends section 140 proposed by the 
     Senate by changing the section number to 132 and striking the 
     word ``Federal'' thereby prohibiting the use of any funds in 
     this Act to implement or enforce (1) the District's Health 
     Care Benefits Expansion Act of 1992 (commonly referred to as 
     the Domestic Partners Act) or (2) any system of registration 
     of unmarried cohabiting couples whether they are homosexual, 
     lesbian, or heterosexual.
       The conference action amends section 146 proposed by the 
     House and section 145 proposed by the Senate by changing the 
     section number to 144 and revising the maximum ceiling for 
     full-time equivalent positions funded in this Act to 35,984 
     instead of 35,771 as proposed by the House and recommended by 
     the Financial Management Authority and 39,778 as proposed by 
     the Senate. The following summary shows the number of full-
     time equivalent positions by agency from the FY approved 
     budget to the FY 1996 conference allowance:
       (The summary referred to follows:)

                                DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996 (H.R. 2546) SUMMARY FULL-TIME EQUIVALENT POSITIONS BY AGENCY, FISCAL YEAR 1995-1996                               
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                                Fiscal year 1996
                                                              Fiscal year 1995   Fiscal year 1996   Fiscal year 1996   Fiscal year 1996   Fiscal year 1996   Fiscal year 1996      conference   
                                                                  approved       original request   revised request    authority recom.   House allowance    Senate allowance      allowance    
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Governmental Direction and Support:                                                                                                                                                             
    Council of the District of Columbia....................                170                149                143                143                143                143                143
    Office of the D.C. Auditor.............................                 15                 15                 12                 12                 12                 12                 12
    Office of the Mayor....................................                 31                 25                 25                 25                 25                 25                 25
    Office of the Secretary................................                 50                 46                 34                 34                 34                 34                 34
    Office of Inspector General............................                 18                  9                  7                  7                  7                  7                  7
    Office of Communications...............................                  7                  6                  5                  5                  5                  5                  5
    Office of Intergovernmental Relations..................                 42                 35                 22                 22                 22                 22                 22
    Office of the City Administrator/Deputy Mayor for                                                                                                                                           
     Operations............................................                 44                 35                 29                 29                 29                 29                 29
    Office of Personnel....................................                  0                265                230                192                192                192                192
    Department of Administrative Services..................                434                329                272                217                217                217                217
    Contract Appeals Board.................................                  8                  8                  5                  0                  0                  0                  5
    Office of the Deputy Mayor for Finance.................                  5                  5                  5                  5                  5                  5                  5
    Office of the Budget...................................                 54                 52                 44                 42                 42                 42                 42
    Office of Financial Management.........................                291                279                234                214                214                214               214 

[[Page H1040]]
                                                                                                                                                                                                
    Department of Finance and Revenue......................                507                492                473                451                451                451                451
    Board of Elections and Ethics..........................                 52                 65                 35                 35                 35                 35                 63
    Office of Campaign Finance.............................                 22                 22                 20                 10                 10                 10                 10
    Public Employee Relations Board........................                  4                  4                  4                  3                  3                  3                  3
    Office of Employee Appeals.............................                 23                 18                 17                 13                 13                 13                 13
    Retirement Board.......................................                 14                  0                  0                  0                  0                  0                  0
    Office of Grants Management............................                  9                  9                  9                  6                  6                  6                  6
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Governmental Direction and Support............              1,800              1,868              1,625              1,465              1,465              1,465              1,498
                                                            ====================================================================================================================================
Economic Development and Regulation:                                                                                                                                                            
    Deputy Mayor for Economic Development..................                 47                 37                 31                 25                 25                 25                 25
    Office of Banking and Financial Institutions...........                  8                  5                  5                  5                  5                  5                  5
    Office of Tourism and Promotion........................                  6                  4                  4                  4                  4                  4                  4
    Office of Planning.....................................                 42                 27                 27                 23                 23                 23                 23
    Office of Zoning.......................................                 12                 10                  8                  5                  5                  5                  5
    Department of Housing and Community Development........                219                212                172                169                169                169                169
    Department of Public and Assisted Housing..............                879                923                 10                  5                  5                  5                  5
    Department of Employment Services......................                  0                915                814                730                758                758                758
    Board of Appeals and Review............................                  2                  2                  2                  1                  1                  1                  1
    Board of Equalization and Review.......................                  5                  4                  3                  1                  1                  1                  1
    Department of Consumer and Regulatory Affairs..........                736                658                640                584                612                610                612
    Public Service Commission..............................                 93                 86                 60                120                 60                 60                 60
    Office of People's Counsel.............................                 38                 30                 24                 48                 24                 24                 24
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Economic Development and Regulation...........              2,087              2,913              1,800              1,720              1,692              1,690              1,692
                                                            ====================================================================================================================================
Human Resources Development:                                                                                                                                                                    
    Assistant City Administrator for Human Resources.......                 24                  0                  0                  0                  0                  0                  0
    Office of Personnel....................................                285                  0                  0                  0                  0                  0                  0
    Department of Employment Services......................                948                  0                  0                  0                  0                  0                  0
    Education Licensure Commission.........................                  6                  0                  0                  0                  0                  0                  0
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Human Resources Development...................              1,263                  0                  0                  0                  0                  0                  0
                                                            ====================================================================================================================================
Public Safety and Justice:                                                                                                                                                                      
    Metropolitan Police Department.........................              5,430              4,564              4,512              4,512              4,512              4,512              4,512
    Fire and Emergency Medical Services....................              1,821              1,817              1,790              1,790              1,790              1,790              1,790
    Court of Appeals.......................................                 97                 96                 83                 83                 83                 83                 83
    Superior Court.........................................              1,277              1,255              1,142              1,142              1,142              1,142              1,142
    D.C. Court System......................................                108                122                103                103                103                103                103
    Office of the Corporation Counsel......................                340                330                289                289                289                289                289
    Public Defender Service................................                152                139                139                  0                  0                  0                  0
    Pretrial Services Agency...............................                101                104                 93                 93                 93                 93                 93
    Department of Corrections..............................              3,949              3,759              3,369              3,369              3,369              3,369              3,369
    Parole Board...........................................                125                115                113                113                113                113                113
    National Guard.........................................                 34                 30                 26                 12                 12                 12                 12
    Office of Emergency Preparedness.......................                 49                 38                 35                 35                 35                 35                 35
    Commission on Judicial Disabilities and Tenure.........                  2                  2                  2                  2                  2                  2                  2
    Judicial Nomination Commission.........................                  1                  1                  1                  1                  1                  1                  1
    Civilian Complaint Review Board........................                 24                  0                  0                  0                  0                  0                  0
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Safety and Justice.....................             13,510             12,372             11,697             11,544             11,544             11,544             11,544
                                                            ====================================================================================================================================
Public Education System:                                                                                                                                                                        
    Public Schools.........................................             12,299             11,559             10,477             10,167             10,167             10,167             10,167
    University of the District of Columbia.................              1,538              1,426              1,238              1,079              1,079              1,079              1,079
    District of Columbia School of Law.....................                 78                  0                  0                  0                  0                  0                  0
    Education Licensure Commission.........................                  0                  6                  0                  0                  0                  0                  0
    Public Library.........................................                469                435                414                415                415                415                415
    Commission on the Arts and Humanities..................                 20                  9                  9                  9                  9                  9                  9
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Education System.......................             14,404             13,435             12,139             11,670             11,670             11,670             11,670
                                                            ====================================================================================================================================
Human Support Services:                                                                                                                                                                         
    Department of Human Services...........................              7,758              7,529              6,162              5,859              5,887              5,887              5,887
    Department of Recreation and Parks.....................                822                719                515                515                515                515                515
    Office on Aging........................................                 33                 31                 27                 26                 26                 26                 26
    Department of Human Rights & Minority Business                                                                                                                                              
     Development...........................................                 45                 37                 25                 25                 25                 25                 25
    Office on Latino Affairs...............................                 13                  3                  3                  3                  3                  3                  3
    Commission for Women...................................                  7                  0                  0                  0                  0                  0                  0
    Energy Office..........................................                 39                 26                 25                 13                 13                 13                 13
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Human Support Services........................              8,717              8,345              6,757              6,441              6,469              6,469              6,469
                                                            ====================================================================================================================================
Public Works:                                                                                                                                                                                   
    Department of Public Works.............................              2,509              2,219              1,896              1,896              1,896              1,896              1,896
    D.C. Taxicab Commission................................                 32                 28                 18                 18                 18                 18                 18
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Public Works..................................              2,541              2,247              1,914              1,914              1,914              1,914              1,914
                                                            ====================================================================================================================================
Sec. 141 Limitation on FTEs and Retirement Incentives......            (2,000)                  0            (1,000)                  0                  0                  0                  0
                                                            ====================================================================================================================================
      Total, General Fund..................................             42,322             41,180             35,932             34,754             34,754             34,752             34,787
                                                            ====================================================================================================================================
Enterprise Funds:                                                                                                                                                                               
    Department of Public Works (Utility Administration)....              1,711              1,793              1,124              1,024              1,024              1,024              1,024
    Washington Aqueduct....................................                267                271                  0                  0                  0                  0                  0
    Lottery and Charitable Games Control Board.............                124                117                100                 88                 88                 88                 88
    Office of Cable Television.............................                 30                  8                  8                  8                  8                  8                  8
    D.C. Retirement Board..................................                  0                 14                 11                 11                 11                 11                 11
    Correctional Industries................................                 63                106                 66                 66                 66                 66                 66
    D.C. General Hospital..................................              2,562              1,760                  0              (180)              (180)                  0                  0
                                                            ------------------------------------------------------------------------------------------------------------------------------------
      Total, Enterprise Funds..............................              4,757              4,069              1,309              1,017              1,017              1,197              1,197
                                                            ====================================================================================================================================
      Total, Operating Funds...............................             47,079             45,249             36,241             35,771             35,771             35,949             35,984
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


       Excludes 3,083 FTE positions for agencies shifted to off-
     budget status for FY 1996 that continue to be paid by 
     District Government:

Department of Public and Assisted Housing...........................913

Public Defender Service.............................................193
Washington Aqueduct.................................................271
D.C. General Hospital.............................................1,760
                                                               ________

      Total.......................................................3,083

       The conference action also restores language in subsection 
     (d) of the new section 144 proposed by the House and stricken 
     by the Senate which includes personnel of the District of 
     Columbia Court System in the exemption from Council action 
     for the filling 

[[Page H1041]]
     of vacant positions. As noted earlier under the appropriation for 
     ``Personal and Nonpersonal Services Adjustments'', the 
     conferees recognize the need for independence by the 
     District's judicial branch of government; however, the 
     conferees also expect the judicial branch to meet the level 
     of reductions applied to the executive and legislative 
     branches by the District's Chief Financial Officer and the 
     Financial Management Authority. The conferees expect the 
     judicial branch to allocate the recommended reductions and do 
     not expect those reductions to be proportionately greater 
     than those experienced by the executive and legislative 
     branches.
       The conference action amends section 147 proposed by the 
     House and section 146 proposed by the Senate by changing the 
     section number to 148 and by requiring that the reports on 
     capital project employees also be provided to the Financial 
     Management Authority. The language proposed by the Senate 
     required that the reports be provided to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. The requirement for these reports was included in the 
     District's fiscal year 1996 budget request.
       The conference action deletes section 150 proposed by the 
     Senate which would have extended by two years the time for 
     the conveyance of property of Columbia Hospital for Women for 
     the National Women's Health Resource Center. The request for 
     the extension was withdrawn by the Hospital.
       The conference action restores section 151 proposed by the 
     House and stricken by the Senate and changes the section 
     number to 150 and places a ceiling of $4,994,000,000 (of 
     which $165,339,000 shall be from intra-District funds) on the 
     total amount available for obligation from all funding 
     sources appropriated for operating expenses for the District 
     of Columbia for fiscal year 1996 under the caption ``Division 
     of Expenses'' instead of $4,867,283,000 as proposed by the 
     House. The Senate did not have a similar provision. The 
     conference action also amends section 150 by adding language 
     that allows the District government to accept and spend 
     Federal and other grants that are not included in this Act 
     subject to prior approval by the Financial Management 
     Authority with monthly reports to the Council and the House 
     and Senate Committees on Appropriations. The language also 
     prohibits the obligation or expenditure from the general fund 
     or any other fund for grant programs in anticipation of the 
     approval and receipt of a grant. However, this language is 
     not intended to prohibit the use of any funds for the 
     development of grant proposals and applications.
       The conference action restores section 152 proposed by the 
     House and stricken by the Senate and changes the section 
     number to 151 and amends the bill language to require that 
     plans for the Lorton Correctional Complex (1) be submitted by 
     March 15, 1996 rather than February 15, 1996 as proposed by 
     the House and (2) include options other than the closing of 
     the facility. The amended language requires that the options 
     are to include the use of alternative Federal or private 
     arrangements for housing District inmates with an appropriate 
     transition period not to exceed five years. The conferees 
     agree that each option considered for Lorton facility 
     location and management is to be identified and the costs and 
     benefits of each option documented. There should also be a 
     justification supporting the recommendation or rejection of 
     each option. In addition, the plans are to address how and to 
     what extent the District can use the private sector for the 
     operation of correctional facilities to house District 
     inmates, including site selection, design, financing, 
     construction, and operation of the facilities. The conferees 
     agree that each plan is to include a description of any 
     proposed legislation required to implement the plan and an 
     implementation schedule, together with specific performance 
     measures and timetables, and be consistent with the financial 
     plan and budget developed for the District government under 
     subtitle A of title II of the D.C. Financial Responsibility 
     and Management Assistance Act of 1995. The conferees are 
     aware that the National Institute of Corrections, which 
     provides technical assistance, training, and information 
     services to State and local corrections departments, is 
     performing an in-depth study of the District's Department of 
     Corrections as requested by the House and Senate Committees 
     on Appropriations in their report accompanying the fiscal 
     year 1995 appropriations for the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies. The 
     NIC report should provide a foundation for further actions by 
     the District to address the problems that exist at the Lorton 
     complex.
       The conference action amends section 153 proposed by the 
     House and stricken by the Senate by restoring the language 
     proposed by the House prohibiting adoptions by unmarried 
     couples. The conference action adds language that allows 
     unmarried couples to file joint petitions in those cases 
     where the co-petitioner is the natural parent of the child. 
     The conference action also changes the section number to 152.
       The conference action amends section 154 proposed by the 
     House and stricken by the Senate by changing the section 
     number to 153 and restoring the language proposed by the 
     House concerning technical corrections to the Financial 
     Responsibility and Management Assistance Act (Public Law 104-
     8, approved April 17, 1995). These technical corrections were 
     offered as an amendment on the House floor by the committee 
     of jurisdiction with the explanation that the amendment is 
     noncontroversial and conforms to the legislative intent of 
     Public Law 104-8. A brief description of the technical 
     changes is reflected in the following paragraphs.
       The conference action restores subsection (a) as proposed 
     by the House which revises section 103(f) of Public Law 104-8 
     by striking ``may provide'' and inserting ``shall promptly 
     provide''. This revision provides the General Services 
     Administration with the appropriate degree of discretion and 
     clarifies that GSA has a duty to provide the administration 
     services requested by the Financial Management Authority in a 
     prompt manner.
       The conference action restores subsection (b) as proposed 
     by the House which--
       (1) amends section 102(e)(1)(A) of Public Law 104-8 to 
     insure that Federal employees joining the Financial 
     Management Authority's staff may elect to have their service 
     with the Authority treated as if performed within the Federal 
     government for purposes of the thrift savings plan, health 
     insurance, life insurance, and any other Federal benefit 
     program. The statute already provides such persons that 
     election for purposes of the Federal retirement program.
       (2) amends section 102(e)(2)(B) of Public Law 104-8 to 
     clarify congressional intent and make clear that an 
     individual electing coverage under the Federal programs 
     referred to in section 102(e)(1)(A) will not be entitled to 
     double coverage under comparable District government 
     programs.
       (3) amends section 102(e)(3) of Public Law 104-8 to provide 
     that the Office of Personnel Management, in promulgating 
     regulations authorized by section 102(e) must consult with 
     the Financial Management Authority as well as with the 
     District government. When OPM first promulgated interim 
     regulations as authorized by the statute, it failed to 
     consult with the Authority or even send on its own initiative 
     a copy of the proposed regulations.
       (4) adds a new section 102(f) to Public Law 104-8 to carry 
     out the policy mandate created in section 102(e) and clarify 
     that persons employed by the Financial Management Authority 
     have an election to be treated as if they were employees of 
     the Federal government or employees of the District 
     government for purposes of the retirement system, health 
     insurance, and any other employee benefit programs. Section 
     102(e) deals only with employees of the Authority who come 
     from the Federal government. Several other categories of 
     persons are becoming employees of the Authority, including 
     Federal retirees, District employees, and private sector 
     employees. This new section gives these employees the same 
     options as persons joining the Authority from the Federal 
     government. It will help to insure that qualified employees 
     will not be discouraged from seeking employment with the 
     Authority by clarifying legislative intent so as to provide 
     that such persons would not lose benefits.
       The conference action restores subsection (c) as proposed 
     by the House which amends section 104 of Public Law 104-8 to 
     protect the Financial Management Authority and those who act 
     on its behalf from claims arising from their official 
     actions.
       The conference action restores subsection (d) as proposed 
     by the House which deletes in its entirety section 
     203(a)(3)(C) of Public Law 104-8. The language being deleted 
     exempted emergency legislation from review by the Financial 
     Management Authority and, in practice, would have effectively 
     undermined the fundamental responsibilities of the Authority, 
     contrary to the clear legislative intent of the statute as a 
     whole. A significant amount of District legislation is now 
     being enacted on an emergency basis, and since emergency 
     legislation goes into effect immediately, rights could be 
     created or claimed under the emergency legislation and 
     objections asserted to any subsequent disapproval by the 
     Authority if and when the legislation were subsequently 
     submitted as permanent legislation. Emergency legislation can 
     clearly have a substantial fiscal impact while it is in force 
     and effect. Therefore, the current subparagraph (C) is not 
     only an undesirable and significant dilution of the 
     Authority's intended ability to function, but it also casts 
     doubt on the Authority's ability to require that emergency 
     legislation be reviewed, separate and apart from the issue of 
     approval or disapproval.
       The conference action inserts a new section 154 to 
     establish two separate accounts within the Water and Sewer 
     Enterprise Fund--one for waste water treatment user charges 
     and the other for EPA grants and other construction 
     appropriations and funds. An explanation concerning the 
     establishment of these accounts can be found under the 
     heading ``Water and Sewer Enterprise Fund'' earlier in this 
     statement.
       The conference action inserts a new section 155 requested 
     by the Mayor in a letter dated December 12, 1995, that allows 
     up to 50 police officers and up to 50 Fire and Emergency 
     Medical Services members with less than 20 years of 
     departmental service who were hired prior to February 14, 
     1980 and who retire on disability before the end of calendar 
     year 1996 to be excluded from the computation of the rate of 
     disability retirement under subsection 145(a) of the District 
     of Columbia Retirement Reform Act of 1979 (Public Law 96-122, 
     approved November 17, 1979). The conferees have included 
     language in subsection (c) that delays the effective date of 
     section 155 until 30 days after the Mayor transmits the 
     actuarial report required by section 142(d) of Public Law 96-
     122, approved 

[[Page H1042]]
     November 17, 1979. The conferees direct the Mayor to forward all future 
     requests that affect the District's finances and budget 
     through the Financial Management Authority.
       The conference action amends title II--District of Columbia 
     School Reform proposed by the House and stricken by the 
     Senate and title II--District of Columbia Schools 
     Improvements Act proposed by the Senate. The following 
     paragraphs contain a brief description of the conference 
     action.

                         TITLE II--DISTRICT OF

                         COLUMBIA SCHOOL REFORM

       The concluding of this conference agreement culminates a 
     year of debate, discussion, and negotiation from the local 
     school level to the Congress regarding the amount, shape and 
     pace of education reform necessary in the District of 
     Columbia. The catalysts for this latest debate include the 
     January 1995 report by the D.C. Committee on Public Education 
     (COPE) entitled ``Our Children Are Still Waiting'' and a 
     renewed interest by Congress in ensuring greater educational 
     opportunity for D.C. children.
       The January 1995 COPE report recounts the lack of real 
     progress in implementing education reform since the first 
     COPE report in June, 1989. The opening line of the 1995 COPE 
     report reads ``in 1989, the Committee on Public Education 
     issued a report that described a school system in need of 
     serious reform.'' The report states that ``no progress and 
     setbacks in other areas paint a grim picture.'' These are not 
     the words of a harsh critic or an unsympathetic observer, 
     instead they represent a concerned community. COPE reported 
     that:
       By almost any measure, student academic performance 
     worsened;
       No significant progress had been made in improving the 
     teaching workforce;
       Problems persist in providing timely and adequate material 
     support to local schools;
       School buildings need renovations and repairs (totaling 
     $1.2 billion according to the Superintendent's task force);
       Schools are still shackled by an oppressive bureaucracy 
     that hopes to exploit divisions within the Board and between 
     the Board and the Superintendent.
       COPE argues that ``so little progress has been made 
     because, quite frankly, this community has not really tried 
     reform.'' COPE cites as reasons the following:
       All too many are invested in the status quo;
       Serious fragmentation of responsibility and accountability 
     exist in the school governance structure;
       The school system does not systematically recognize good 
     teaching, nor does it aggressively weed-out non-performers;
       The Board of Education's micromanagement of the schools 
     undermines the Superintendent and his reform efforts; and
       There has been a lack of focus and consistent follow-
     through within the school system.
       At the same time as the District of Columbia community was 
     recognizing the need for fundamental and comprehensive 
     education reform, the Members of the Congress became 
     committed to supporting such reform.
       Title II of this conference agreement, the ``District of 
     Columbia School Reform Act of 1995,'' goes a long way toward 
     creating the local structure to address the concerns 
     expressed by the community, particularly through local 
     education reform groups such as the Committee on Public 
     Education.
       The conference action extends the definition of District-
     wide assessments to clarify the type of assessments that 
     should be used and the professional standards they need to 
     meet, as proposed by the Senate.
       The conference action adds a definition of an electronic 
     data system to be developed by the District of Columbia 
     public schools as proposed by the Senate.
       The conference action amends the definition of who is an 
     eligible chartering authority, striking the House proposal 
     designating local universities and adding the charter schools 
     board created in Subtitle B, as proposed by the Senate.
       The conference action includes a definition of individual 
     career path, a course of study to prepare older students for 
     the workforce, as proposed by the Senate.
       The conference action adds a definition of literacy as 
     proposed by the Senate.
       The conference action changes the definition of student 
     with special needs to limit it to a student with a 
     disability.
       Subtitle A requires that the Superintendent of Schools, 
     with approval of the Board of Education, develop a long term 
     reform plan for the District of Columbia Public School 
     System. This provision builds on the efforts currently 
     underway by the District. The long term reform plan outlined 
     in the legislation uses the same philosophy outlined by the 
     Schools Board President and the Superintendent in the one-
     year action plan entitled ``Accelerating Education Reform in 
     the District of Columbia: Building on BESST'' that was 
     submitted to Congress on July 13, 1995. The agreement 
     requires that the plan be consistent with the financial plan 
     and budget for the District of Columbia required by the 
     District of Columbia Financial Responsibility and Management 
     Assistance Act of 1995 (Public Law 104-8).
       The conference action amends the District of Columbia 
     public schools long term reform plan, adding items to be 
     required in the plan, as proposed by the Senate. These items 
     were proposed by the House for inclusion in Subtitle H, 
     Progress Reports and Accountability but the conferees 
     determined that it is only possible to hold the school system 
     accountable for these actions after it is required by this 
     Act to develop a reform plan addressing these issues.
       The conference action adds several items to be included in 
     the long term reform plan, including improving students' 
     health and establishment of after-school programs, as 
     proposed by the Senate.
       In Subtitle B, the agreement authorizes the establishment 
     of public charter schools. On October 23, 1995, the Education 
     and Libraries Committee of the D.C. Council passed, by a vote 
     of 4-0, very similar legislation authorizing the 
     establishment of independent public charter schools. Prior to 
     that, a recommendation that either the D.C. Council or the 
     Congress enact legislation authorizing independent public 
     charter schools was included in the reform plan submitted by 
     the President of the D.C. Board of Education and the 
     Superintendent to Congress on July 13, 1995.
       The conferees find that public charter schools represent a 
     new type of public education, but one that retains essential 
     elements: public charter schools are funded by the public, 
     are open to the public, and are accountable to the public for 
     results. They are different from traditional public schools, 
     however, in that they are not required to be managed by a 
     government bureaucracy. Educators may establish new schools 
     and have an opportunity to establish their vision. Such 
     schools may not charge tuition, except to non-residents, and 
     must be open to students with a broad range of aptitudes. A 
     public charter school may limit admission based on grade 
     levels and may choose to have an instructional focus, such as 
     the arts, science, or advanced technology.
       A number of accountability provisions are included. 
     Eligible chartering authorities are responsible for reviewing 
     the quality of a charter applicant's petition, as well as 
     determining whether a school has been effective and its five-
     year charter should be renewed. Parental choice, informed by 
     a school's performance on the District-wide assessments as 
     well as other factors, constitutes another form of 
     accountability. Further, the charter of a school may be 
     revoked at any time for financial mismanagement.
       The conferees find that public charter schools represent a 
     key component of comprehensive reform. They encourage 
     innovation and entrepreneurialism by educators and ensure 
     freedom from the many burdensome rules and regulations that 
     frustrate so many good teachers. Within certain limitations 
     defined in the agreement, public charter schools have full 
     control over their day-to-day operations, including 
     budgeting, personnel, and contracting, but they are 
     nonsectarian and nonprofit.
       The conference action adds several items to the petition 
     that applicants to establish public charter schools are 
     required to file, as proposed by the Senate. These include a 
     description of the proposed scope and size of the school, any 
     special area of focus for the proposed school, and the 
     employment relationship between the public charter school and 
     its employees, and assurances that the public charter school 
     will seek accreditation or licensing, as appropriate.
       The conference action adds to the criteria that must be 
     considered in approving or disapproving charter petitions 
     whether the applicant can implement the petition, as proposed 
     by the Senate. The conference action leaves to the discretion 
     of the charter-approving entity whether to approve a petition 
     even in cases where it determines that the petition satisfies 
     all of the provisions of this title, as proposed by the 
     Senate.
       The conference action includes a provision limiting the 
     number of charters that may be approved in the fist year to 
     ten, and limiting the number to five per charter-approving 
     entity in future years, as proposed by the Senate.
       The conference action adds a provision applying Part B of 
     the Individuals with Disabilities Act and Section 504 of the 
     Rehabilitation Act to public charter schools, proposed by the 
     Senate. The conference agreement allows each public charter 
     school to determine whether it is to be treated as a regular 
     District of Columbia public school or as a Local Education 
     Agency (LEA), for the purposes of those two laws.
       The conference action adds a section establishing a public 
     charter schools board, which would be a charter-approving 
     body in the District of Columbia government, as proposed by 
     the Senate. The agreement calls for the charter schools board 
     to be appointed by the Mayor from nominees provided by the 
     Secretary of Education.
       The agreement encourages a number of federal agencies and 
     institutions to explore the feasibility of establishing 
     public charter schools, including the Smithsonian, the 
     National Science Foundation, and others, as proposed by the 
     House. The conference action adds the Department of Education 
     to the list of entities encouraged to consider establishing 
     public charter schools, as proposed by the Senate.
       Subtitle C of the agreement creates a District of Columbia 
     Even Start program, expanding the federal Even Start program 
     in the District, as proposed by the House. The inclusion of 
     Even Start as a part of the agreement is a reflection of the 
     conferees' belief in the power of family literacy to ensure 
     positive educational outcomes for young children. In a recent 
     national adult literacy survey there were approximately 40 
     million adults who scored in the lowest level 

[[Page H1043]]
     of the literacy scale. Twenty percent of the population of this country 
     have been found to have minimal basic skills. Even Start is 
     based on the knowledge that children who have parents who can 
     help and support them in their educational endeavors are more 
     likely to succeed than those who have parents with low 
     literacy skills and little knowledge on how to help their 
     children succeed in school.
       The District of Columbia Even Start initiative requires 
     programs to be built on the findings of the ``National 
     Evaluation of the Even Start Family Literacy Programs,'' 
     including the provision of intensive services in parent 
     training and adult literacy or adult education. In addition 
     the Chapter 1 Even Start Program is amended through this 
     legislation to include comparable language on intensity of 
     services. It is estimated that a quality Even Start Program 
     requires $225,000 per year to operate. The District of 
     Columbia Program authorization level assumes this level of 
     funding for each program by limiting the number of projects 
     which can be funded in a given year.
       The agreement includes the National Center for Family 
     Literacy, a recognized authority in this field, for technical 
     assistance to eligible entities. It is expected that the 
     National Center for Family Literacy will assist in ensuring 
     that funded projects are of high quality and provide the 
     intensity of services necessary for success.
       The agreement also includes an independent evaluation of 
     District of Columbia Even Start programs in order to 
     determine their effectiveness in providing high quality 
     family literacy services.
       Subtitle D of the conference agreement provides for 
     assistance to the District of Columbia Public Schools in the 
     development of a world-class core curriculum and District-
     wide student assessments, as proposed by the House, and 
     content standards, as proposed by the Senate. The core of 
     education is the curriculum. There is a need to ensure that 
     students' competence in this core curriculum represent a high 
     level of achievement, in fact that it be world class.
       The provisions establishing such a task force originated 
     with a request by the President of the D.C. Board of 
     Education and the Superintendent--as part of the draft reform 
     plan submitted to Congress on July 13, 1995--for 
     approximately $2,000,000 to be used for a new curriculum and 
     assessments.
       The conference action deletes the World Class Schools 
     Panel, to have been appointed by Congress, the President, and 
     the Mayor, replacing it with a grant to a nonprofit entity 
     described as the ``World Class Schools Task Force,'' as 
     proposed by the Senate. The ``World Class Schools Task 
     Force'' must meet several criteria in order to receive the 
     grant (including a national reputation for advocating 
     rigorous core curriculum and experience working with large 
     urban school districts on content standards). The conferees 
     expect that the Council for Basic Education (CBE) will serve 
     as the World Class Schools Task Force.
       Because even the formal adoption of a high-quality 
     curriculum constitutes only the first step in enabling 
     students to master such a curriculum, assessments that 
     describe how well students are performing in the new 
     curriculum are also vital. To be of maximum use, assessments 
     need to inform parents of their own child's progress, as well 
     as the progress of the school. Such information needs to be 
     placed in the context of the performance of other schools. In 
     order to judge whether such performance is truly ``world 
     class,'' it must be placed in the context of student 
     achievement in other nations, such as Germany, France, Japan, 
     and South Korea. Tools useful for developing assessments 
     providing such comparisons are becoming increasingly 
     available, such as the Third International Mathematics and 
     Science Study (TIMSS). Further, it is also important that 
     such assessments satisfy professional technical standards, 
     such as validity, reliability and freedom from bias, as 
     established by the American Psychological Association and the 
     American Education Research Association.
       The conference action deletes the requirement that 
     information from assessments be comparable with information 
     from other states and the nation as a whole, as proposed by 
     the Senate. The agreement maintains, however, the expectation 
     that assessments, to the extent feasible, provide comparable 
     information with students from other nations.
       The establishment of new criteria for grade promotion, 
     taking into account the new curriculum and assessments, was 
     also included in the reform plan submitted by the President 
     of the D.C. Board of Education and the Superintendent to 
     Congress on July 13, 1995. The conference action amends the 
     grades for which criteria for student promotion (``promotion 
     gates'') are to established to include at least grades four, 
     eight and twelve, as proposed by the Senate.
       Subititle E of the conference agreement directs the 
     District of Columbia to develop a per pupil formula for 
     funding K-12 education starting in FY 1997. This uniform 
     formula will be used to provide operating budgets on the 
     basis of enrollment for the school system as a whole and for 
     individual public charter schools. According to the January 
     1995 report by COPE, ``Of the 40 largest school systems in 
     the country, the District ranked first in per pupil 
     expenditures.''
       In the context of low student academic achievement, this 
     information is disturbing and as a result the District of 
     Columbia is directed to establish a uniform and efficient 
     formula for funding public education. The same formula will 
     be used for students enrolled in individual public charter 
     schools authorized in subtitle B of this agreement and the 
     District of Columbia Public School System. The formula may 
     take into account such variations as students at different 
     grade levels and students with special needs. Such a formula 
     will clarify and focus decisions regarding funding for public 
     education around students' needs.
       For each of fiscal years 1996 through 2000, funds are 
     authorized to pay for transition costs associated with 
     starting public charter schools. These funds are necessary 
     because the school years begin in September while the fiscal 
     year begins in October, therefore resulting in a one month 
     funding gap for new public charter schools.
       The conference action amends a House proposal to direct the 
     General Accounting Office (GAO) to determine the number of 
     students in the District of Columbia Public Schools, instead 
     directing the Board of Education to arrange with the 
     Financial Responsibility and Management Assistance Authority 
     to conduct an independent audit of the school system's count, 
     as proposed by the Senate.
       Subtitle F of the conference agreement seeks to begin 
     addressing the facilities problems that plague the District 
     of Columbia Public Schools. On August 14, 1995, the 
     Superintendent received the report of his ask force on 
     education infrastructure for the 21st century, ``Preliminary 
     Facilities Master Plan 2005.'' The report describes the 
     physical state of public school facilities and the necessary 
     steps to remedy that state. It sets out in plain terms the 
     current condition of the public schools:
       Sixty-two percent of the District's public schools are over 
     forty-five years old but only 8 of the 163 operating schools 
     have ever had total renovations.
       There is an inability to accommodate educational programs, 
     initiatives, and technology.
       There is no school building able to support a comprehensive 
     vocational or career focus to prepare students for work in 
     the 21st century.
       The Superintendent's task force put a price tag of $1.2 
     billion to restore the buildings to a state of good repair, 
     modernize schools and provide infrastructure support for 
     technology.
       The agreement encourages assistance by the private sector 
     and government agencies to bring new life to the bricks and 
     mortar of the school buildings. The Superintendent and the 
     Administrator of the General Services Administration (GSA) 
     are expected to enter into an agreement whereby the GSA will 
     provide technical assistance for donated work from the 
     private sector. The conferees have included $500,000 to 
     offset GSA expenses related to the engineering work.
       In addition, the agreement calls on the Mayor and the 
     District of Columbia Council, in consultation with the 
     Administrator, the Financial Responsibility and Management 
     Assistance Authority, the Board of Education and the 
     Superintendent, to design a long-term facilities 
     revitalization program and designate a new or existing agency 
     or to carry out this program.
       The conference action gives the District of Columbia Public 
     School system the authority to accept gifts on behalf of the 
     District of Columbia, as proposed by the Senate.
       Subtitle G of the conference agreement authorizes funds for 
     the planning and initial capital costs to develop a 
     residential school within the District of Columbia, as 
     proposed by the House.
       In a July 13, 1995 reform plan submitted to Congress, the 
     President of the Board of Education and the Superintendent 
     proposed allowing the District of Columbia to establish a 
     public residential school. This amendment provides funds to 
     the District to establish such a school. The District of 
     Columbia Public School System has indicated that it intends 
     for such a school to be designed for highly disruptive or 
     troubled youth and this is the expectation. Several school 
     systems have public residential schools operating, including 
     in Texas and North Carolina. The city of Chicago is 
     experimenting with the idea in a public housing complex.
       The conference agreement changes the distribution of the $2 
     million authorized for a residential school in the House 
     proposal. Instead of the entire amount authorized in FY 1996, 
     there are authorized $100,000 in FY 1996 for developing a 
     comprehensive implementation plan and $1,900,000 in FY 1997 
     for the capital costs associated with preparing a school 
     facility.
       Subtitle H of the conference agreement requires the 
     Superintendent to report by December 1, 1996, on the progress 
     of the District of Columbia Public School system in 
     implementing the long-term reform plan described in subtitle 
     A. Conference action deleted a number of specific items 
     proposed by the House for this report, as proposed by the 
     Senate. These items were moved to subtitle A as items to be 
     addressed in the long-term reform plan. Since the 
     Superintendent is expected to report on the implementation of 
     those goals on December 1, the report should address many of 
     these same issues.
       The agreement also requires the Chairperson of the D.C. 
     Council to report, by April 1, 1996, on legislative actions 
     taken or planned by the D.C. Council to support 
     implementation of the goals of the long-term reform plan. 
     Among other topics, the Council Chairperson will also be 
     expected to report on actions taken or planned in response 

[[Page H1044]]
     to the Council's responsibility under subtitle G to develop a long-term 
     facilities revitalization program and to designate, or 
     create, an agency or authority to implement such a program.
       The conference agreement includes in subtitle I the House 
     proposal for ``Partnerships with Business.'' Within the 
     context of limited public resources and an ever increasing 
     demand for additional and more effective services--this 
     subtitle is intended to facilitate a process and develop an 
     infrastructure under which private sector contributions are 
     effectively leveraged to bring about positive change in the 
     community.
       The DELTA Council is designed to be the formal private 
     sector entity that will solicit, organize, and coordinate 
     private sector contributions that would be made available to 
     the D.C. public schools under this initiative. The Council 
     will be particularly important in securing in-kind 
     contributions of technology, equipment, hardware, and 
     software, and pro bono contributions of time and expertise of 
     private sector personnel. An individual is appointed as a 
     member of the Council on the basis of the commitment of the 
     individual, and the private sector entity the individual is 
     representing, to provide time, energy, and resources to the 
     Council.
       The private nonprofit corporation that establishes the 
     DELTA Council under this subtitle will work cooperatively 
     with the Superintendent, school administrators, teachers, 
     parents, and students to devise plans for how private sector 
     resources will be utilized in the schools for maximum impact. 
     The corporation will coordinate plans with the schools for 
     private sector contributions to career academies, school-to-
     work opportunities, voluntary assistance with repairs and 
     improvements, and other related activities intended to 
     benefit the students of the District.
       The private nonprofit corporation will have a number of 
     specified duties to increase private sector assistance for 
     the school system. Such duties and activities would include: 
     devising a short term and long term plan to ensure access to 
     needed technology in the schools; the design and 
     establishment of a model District Employment and Learning 
     Center; promoting the participation of local employers in 
     career academy programs and school-to-work opportunities; 
     voluntary assistance in support of repairs and improvements 
     to schools; establishing a professional development program 
     for teachers and administrators; and developing a program of 
     rewards for student accomplishment in cooperation with 
     participating local businesses.
       Most of these duties require on-going cooperation with the 
     Superintendent, school administrators, teachers, parents, 
     students, and the corporate donors. It is expected, 
     therefore, that funds made available to the corporation to 
     carry out its duties under this subtitle may be used for 
     staff expertise and other costs associated with the design, 
     start-up, and administrative responsibilities necessary to 
     accomplish major duties that may not be covered by private 
     sector contributions.
       It is expected that the designated nonprofit corporation 
     will solicit the expertise and resources of private sector 
     businesses, universities, nonprofit entities, teachers, and 
     school administrators to help establish a professional 
     development program for teachers and administrators. As with 
     other key initiatives under this subtitle, it is expected 
     that participating entities will donate time, expertise, 
     resources, equipment, and facilities to the success of the 
     professional development program.
       This subtitle requires that the professional development 
     program will, at a minimum, provide for: training of teachers 
     in core curriculum subjects; private sector training of 
     teachers in the use, application, and operation of state-of-
     the-art technology in education; and training for principals 
     in effective private sector management practices. In FY 1996, 
     the focus of curriculum training will be on curriculum for 
     elementary grades in reading and mathematics that have been 
     demonstrated to be effective for students from low-income 
     backgrounds.
       As a collaborative venture with the private sector, 
     particularly those businesses contributing technology to the 
     schools, the professional development program is expected to 
     provide teachers with a wide variety of world-class 
     applications for educational technologies. For students to 
     get the maximum benefit from advanced technology, it is 
     important that teachers gain a sophisticated knowledge of 
     technology and understand its role in the modern workplace. 
     As a result, teacher knowledge and principals' management 
     skills are important goals of the professional development 
     program.
       The unemployment rate for 18-25 year olds in the District 
     of Columbia is simply too high. There needs to be an 
     effective effort, beyond school reform, to assist these 
     individuals in gaining the skills necessary to obtain and 
     retain employment. This subtitle provides for the District 
     Employment and Learning Center, ``DEAL Center''. The center 
     will provide the District with a regional institute to 
     provide job training and employment assistance for these 
     individuals. The basic premise behind this programs is that 
     one of the most effective approaches to employment programs 
     is the combination of on-the-job and classroom training. As 
     such, the center will focus on job placement, including 
     temporary work assignments, combined with training 
     opportunities. This training may be supported with needs-
     based payments in order to make training a viable option for 
     those individuals who may otherwise not be able to afford the 
     time to participate in such a program.
       The center will use funds from a variety of sources (beyond 
     what is made available under this section), including funds 
     leveraged through the private sector by the DELTA council and 
     through partnerships with other governmental agencies and 
     appropriate federal employment and training programs.
       It is recognized that there are currently efforts in this 
     Congress aimed at streamlining the multitude of Federal job 
     training and employment programs and providing a simpler 
     framework for state and local implementation of such federal 
     program. This subtitle encourages such reforms to be started 
     within the District by the Mayor as soon as possible and 
     further supports full accountability for these funds. The 
     conferees encourage the Mayor and other local officials to 
     coordinate the design and implementation of such reforms with 
     the efforts of the DELTA council and with the efforts of the 
     DEAL Center.
       It is recognized that the DEAL Center does not currently 
     exist and must be established. The Congress intends that the 
     Center be established as a demonstration program which may 
     serve as a model to be replicated. It is recognized that it 
     will take considerable effort in the first year to establish 
     the Center, design curriculum, enter into partnership 
     agreements with education providers such as universities and 
     community and technical colleges, enter into agreements with 
     employers, and enroll students. It is expected that a greater 
     portion of the funds appropriated for the Center will be used 
     for start-up costs in the first year than in subsequent 
     years.
       It is expected that, in designing the curriculum for 
     programs under the Center, particular attention will be given 
     to identifying sectors where jobs are, or will be, available. 
     As part of the private sector commitment to these youth, it 
     is expected that the wages paid to students during any 
     worksite training experience with employers will be paid for 
     largely with private sector funds. It is expected that 
     employers who engage in training the Center's participants 
     will hire successful graduates of the programs.
       As a regional institute, the DEAL Center will draw on a 
     variety of employment and training opportunities throughout 
     the Washington metropolitan area. Training assistance and job 
     opportunities for D.C. youth will be funded from resources 
     provided under this subtitle or from other resources 
     identified by the Center.
       This subtitle also recognizes the value of implementing 
     nationally-proven programs. One such example is the Jobs for 
     America's Graduates (JAG) program. According to the 1994 
     Annual Report issued by JAG, the program has benefited over 
     175,000 young people in 22 different states and 400 
     communities. Over 90 percent of them have successfully 
     completed high school and over 80 percent, at the end of nine 
     months after leaving school are either on the job, in the 
     military or enrolled in postsecondary education or training.
       This subtitle authorizes funding for a Jobs for D.C. 
     Graduates Program modeled after the JAG program and 
     consistent with Jobs for America's Graduates, Inc. This 
     program would assist schools in workforce preparation 
     initiatives. Specifically, these initiatives assist at-risk 
     and disadvantaged youth in graduating from high school and in 
     finding and maintaining quality jobs thereafter. It is 
     expected that FY 1996 funding would serve approximately half 
     of all 12th grade students and funding authorized in future 
     years would include all interested 12th grade students.
       Subtitle J of the conference agreement includes measures 
     that are designed to enhance management and fiscal 
     accountability in the District of Columbia Public School 
     system, some of which had been added to the D.C. budget by 
     the D.C. Council.
       The agreement includes a requirement that the 
     Superintendent contract for food and security services unless 
     he determines that it is not feasible.
       The agreement includes a requirement that the District of 
     Columbia Public School system work with the Financial 
     Responsibility and Management Assistance Authority to develop 
     management and data systems that are consistent with those 
     being developed across the District of Columbia government. 
     The agreement provides that the Board of Education pay for 
     these upgrades with $1.5 million out of the Board's own 
     budget, which is currently being used to pay for Board 
     members' salaries, Board staff, and other Board expenses.
       The agreement requires the Board of Education to report on 
     positions and staff in the District of Columbia public 
     schools.
       The agreement requires that the Board of Education develop 
     revised annual budgets that are consistent with the D.C. 
     Appropriations Act, including all staff allocated to each 
     public school, zero-based budgeting, and school-by-school 
     budgets.
       Subtitle K of the conference agreement includes provisions 
     that had been added to the D.C. Budget by the D.C. Council. 
     These include protection for school-based personnel in the 
     case of a Reduction In Force (RIF), reforms of personnel 
     laws, and removal of evaluation of teachers from collective 
     bargaining.
       Subtitle L of the agreement establishes a seven member 
     Commission on Consensus Reform in the District of Columbia 
     Public 

[[Page H1045]]
     School system, as proposed by the Senate. The conference action deletes 
     sections of the Senate proposal that would give a Consensus 
     Reform Commission authority to approve the long-term reform 
     plan to be developed by the District of Columbia Board of 
     Education under subtitle A, or to direct the Board of 
     Education to take specific actions to implement the long-term 
     reform plan, as proposed by the House. The Consensus 
     Commission will play a key role in the implementation of 
     reforms in the District of Columbia public schools as it will 
     monitor the effectuation of the long-term reform plan. As 
     part of that role, the Consensus Commission will identify any 
     obstacles to the realization of the reform plan and suggest 
     ways to remove those obstacles, up to and including 
     recommending actions to the Financial Responsibility and 
     Management Assistance Authority to remove such obstacles.
       In Subtitle M, the conference action removes a House 
     proposal to link federal AFDC benefits to attendance at 
     parent-teacher conferences. The conferees retain language 
     proposed by the House authorizing the Mayor to encourage 
     parents to attend parent-teacher conferences.
       In Subtitle N, the conference agreement includes the House 
     proposal to establish a ``Low-Income Scholarships'' program 
     that, in the context of Title II, the ``District of Columbia 
     School Reform Act of 1995,'' would provide low-income 
     residents of the District of Columbia with greater equality 
     of educational opportunity. The Senate recedes on the ``Low-
     Income Scholarships'' program with substantial amendments.
       It is widely agreed that adequate improvement in all of the 
     District of Columbia public schools, especially those schools 
     that primarily serve low-income families, will take a number 
     of years. At least until such a time, low-income parents 
     deserve the same opportunity as higher-income parents to seek 
     out the best education for their children. Further, some 
     point out that even after adequate improvement has been made 
     in the public schools, and the Consensus Commission as 
     entities that must be consulted by the non-profit corporation 
     in administering the scholarship program, as proposed by the 
     Senate.
       The conference action establishes an account in the 
     District of Columbia General Fund, with the Mayor required to 
     disburse funds to the non-profit corporation.
       The conference action limits the federal funds that may be 
     used by the nonprofit corporation for administrative expenses 
     to $250,000, as proposed by the Senate, a reduction from the 
     House proposal of $500,000.
       The conference agreement establishes the following 
     nominating process for Presidentially-appointed members of 
     the Board of the scholarship corporation: two will be 
     appointed from nominees submitted by the Speaker, one will be 
     appointed from nominees submitted by the House minority 
     leader, two will be appointed from nominees submitted by the 
     Senate majority leader, and one will be appointed from 
     nominees submitted by the Senate minority leader. The Mayor 
     retains one appointment.
       The conference action adds a provision stating that it is 
     the intention of the Congress to turn over to the District of 
     Columbia control of the scholarship program established under 
     this subtitle at the end of five years, as proposed by the 
     Senate.
       The conference action strikes a proposal by the House that 
     only U.S. citizens may serve on the Board of the nonprofit 
     corporation, or as staff to, the nonprofit corporation, as 
     proposed by the Senate.
       The conference action adds a provision directing the 
     nonprofit corporation to attempt to ensure an equitable 
     distribution of scholarship funds among eligible students 
     with a range of academic achievement, as proposed by the 
     Senate.
       The conference action extends from one year to three years 
     the period during which the nonprofit corporation must place 
     a priority on serving students who are either enrolled in the 
     District of Columbia public schools or are preparing to enter 
     kindergarten, as proposed by the Senate.
       The conference agreement permits tuition scholarships to be 
     used for the cost of tuition at private religious or non-
     religious schools in the District.
       The conference agreement extends permissible uses for 
     tuition scholarships to include the costs to recipients of 
     mandatory fees and transportation to schools.
       The conference agreement authorizes ``enhanced 
     achievement'' scholarships for the following purposes: the 
     costs of non-sectarian, after-school instruction focused on 
     helping students learn the new core curriculum (established 
     under this Act for the District of Columbia public schools); 
     the costs of non-academic, after-school programs, such as 
     music lessons or athletics, and, tuition, transportation 
     costs, and mandatory fees for vocational and technical 
     training programs for older students.
       The conference action increases the maximum amount of 
     scholarships for after-school activities from no more than 
     $500 in the House proposal to no more than $1,500 for 
     students in families whose income is not more than the 
     poverty rate, and no more than $750 for students in families 
     whose income is more than the poverty rate but less than 185% 
     of the poverty rate, as proposed by the Senate.
       The conference agreement establishes a process for approval 
     by the District of Columbia Council of the non-profit 
     corporation's allocation of funds between tuition 
     scholarships and enhanced achievement scholarships. The non-
     profit corporation will submit to the D.C. Council a proposed 
     allocation of federal funds between the two types of 
     scholarships. The D.C. Council will have thirty days to 
     consider the proposed allocation and either approve or 
     disapprove it. If the D.C. Council disapproves it, the non-
     profit corporation will resubmit a revised allocation. No 
     federal funds may be spent on scholarship assistance to 
     students by the non-profit corporation until the D.C. Council 
     has approved a proposed allocation between the two 
     scholarships. Before such approval is secured, the non-profit 
     corporation may spend federal funds on administration 
     expenses, but not on direct assistance to students (i.e., 
     through payments on their behalf to service providers).
       The conference agreement expands the ``provisional'' 
     certification process to include eligible institutions 
     serving enhanced achievement scholarship students, as well as 
     ``schools.'' In addition, the conference agreement lengthens 
     the period of time to three years for which schools are 
     required to have been in operation in order to receive 
     permanent (rather than provisional) certification. Thus a 
     brand new school begun with scholarship students would need 
     to apply for provisional certification for each of its first 
     three years of operation before it could receive permanent 
     certification.
       The conference agreement requires that private schools and 
     other organizations seeking to participate in the program 
     provide assurances that they will not require students to 
     participate in religious ceremonies or attend religion 
     classes unless their parents provide written approval. This 
     prohibition is only intended to apply to classes or 
     activities whose sole or primary purpose is to encourage 
     sectarian beliefs or practices. It would not apply, for 
     example, to a comparative religion class where the general 
     framework was analytic nor would it apply to passing 
     references to religious or moral tenets in a social studies 
     class.
       The conference action requires that private schools and 
     other organizations seeking to participate in the program 
     provide assurances that they will not use federal scholarship 
     funds to pay for religion classes or religious ceremonies, 
     except for teacher salaries in the case where such teachers 
     also teach academic classes, as proposed by the Senate.
       The conference agreement requires that private schools and 
     other organizations seeking to participate provide assurances 
     that they will design and implement due process procedures 
     for suspension or expulsion that must include an appeals 
     process.
       The conference agreement permits the nonprofit corporation 
     to deny recertification for new schools, or to revoke 
     eligibility for participating schools, for: good cause, 
     including a pattern of violation of program requirements; or 
     for consistent failure of at least twenty-five percent of 
     scholarship students to make appropriate progress in academic 
     achievement.
       The conference agreement establishes a section that 
     clarifies that private schools and other organizations that 
     serve scholarship students shall be deemed to be recipients 
     of federal financial assistance for the purpose of triggering 
     application of relevant federal civil rights laws. The 
     enforcement of such civil rights laws, as well as applicable 
     local civil rights laws, is to be handled in the normal 
     manner by the appropriate entities designated such 
     responsibility.
       The conference agreement provides that receipt of 
     scholarship funds by a private school will be deemed receipt 
     of Federal funds for purposes of section 504 of the 
     Rehabilitation Act of 1973, ensuring that the section will 
     apply to all such schools. The conference agreement also 
     ensures that students with disabilities are identified for 
     purposes of the Individuals with Disabilities Education Act 
     (IDEA). At the request of the student's parent or the private 
     school, D.C. public schools will be required to evaluate 
     disabled students and develop an Individualized Education 
     Program for qualified students.
       The conference agreement requires that private schools and 
     other organizations applying for certification to participate 
     in the program provide assurances that they will abide by all 
     local regulations applicable to such institutions. Primary 
     responsibility for enforcing such compliance will remain with 
     the public entities normally responsible for such 
     enforcement.
       The conference agreement prohibits the use of scholarship 
     funds for construction of new facilities, such as school 
     buildings. The use of scholarship funds for repair, 
     renovation, or improvement of existing facilities is 
     permitted.
       The conference agreement includes a provision requiring 
     that the evaluation of the scholarship program shall be 
     provided for by the Department of Education and authorizing 
     $250,000 for this purpose. The conference action also 
     requires that the Department make available for public review 
     the data gathered from this evaluation (with appropriate 
     protections for students' privacy), as proposed by the House.
       The conference action requires that the nonprofit 
     corporation's annual report to Congress address how 
     scholarship funds were expended, including the initial 
     academic achievement of participating students, as proposed 
     by the Senate.
       Fundamental to the concept of this scholarship program--
     taken in the context of Title II as a whole, including the 
     provision in Subtitle A requiring that the Board of 
     Education's long-term reform plan include 

[[Page H1046]]
     greater choice among District of Columbia public schools, as well as 
     Subtitle B, which would allow choice among public charter 
     schools--is the maximization of equality of opportunity for 
     low-income families. Some First Amendment establishment 
     clause concerns have been expressed regarding whether this 
     subtitle provides direct Federal assistance to sectarian 
     schools. It does not, however, provide direct Federal 
     assistance to any participating schools. Rather, the 
     assistance is to the student. The intent of the bill is to 
     make clear that the students are the primary beneficiaries of 
     the scholarships, and not the schools. This subtitle 
     envisions no discrimination for or against the participation 
     of private schools in this program on the basis of religion, 
     but instead neutrality.
       The low-income scholarship program was carefully designed 
     to satisfy Constitutional requirements under the First 
     Amendment. Over the past twelve years, the U.S. Supreme Court 
     consistently has upheld programs that provide assistance for 
     students who attend private schools. In Mueller v. Allen, 463 
     U.S. 388 (1983), the Court upheld Minnesota's income tax 
     credits for educational expenses, most of which were incurred 
     in religious schools. In Witters v. Department of Services 
     for the Blind, 474 U.S. 481 (1986), a program paying for a 
     blind student to pursue training for the ministry at a 
     religious seminary was upheld. In Zobrest v. Catalina 
     Foothills School Dist., 113 S. Ct. 2462 (1993), the Court 
     sustained the use of funds under the Individuals with 
     Disabilities Education Act to pay an interpreter for a deaf 
     child attending a Catholic high school.
       In these cases, the Court established that such assistance 
     is permissible if: (1) the choice where to use such 
     assistance is made by parents of students, not the 
     government; (2) the program does not create a financial 
     incentive to choose private schools; and (3) it does not 
     involve the government in the school's affairs.
       The proposed scholarship program, together with other 
     provisions in the ``District of Columbia School Reform Act of 
     1995'', fulfills these criteria. Like the G.I. Bill and 
     federal day-care assistance, the choice of where scholarship 
     funds are expended is made not by the government but by the 
     scholarship recipients. Because the tuition scholarships 
     amount only to the cost of tuition and necessary expenses or 
     some lesser amount, the program does not create a financial 
     incentive to choose private schools. Scholarships are also 
     available to pay the costs of supplemental services for 
     public school students, who already receive a free education. 
     Moreover, the program involves only the most limited 
     regulations necessary to ensure that reasonable educational 
     and public policy objectives are met, and does not create 
     entanglement between the government and religious schools.
       The conference action deletes the proposal by the House to 
     establish a ``D.C. Desk'' in the Department of Education, as 
     proposed by the Senate. The conferees are supportive of the 
     work currently being done by the non-statutorily authorized 
     D.C. Desk in the Department's Office of Educational Research 
     and Improvement (OERI), as well as the efforts of the Deputy 
     Secretary to support education reform in the District of 
     Columbia, but see no need to enact legislation in this regard 
     at this time. The conferees encourage the Secretary of 
     Education to upgrade activities supporting education reform 
     in the District of Columbia and coordinate them Department-
     wide, perhaps by establishing a ``D.C. Desk'' in the Office 
     of the Deputy Secretary.

                        Other General Provisions

       The conference action amends section 301 proposed by the 
     Senate by changing the section number to 147 and restoring 
     the language proposed by the Senate that prohibits the use of 
     any funds in this Act for the renovation of Eastern Market 
     located at 227 7th Street Southeast. The language permits the 
     use of funds in this Act for the regular maintenance and 
     upkeep of the current structure and grounds.
       The conference action deletes section 302 proposed by the 
     Senate that would have required the District government to 
     reduce energy costs in facilities used by District agencies.
       The conference action deletes section 303 proposed by the 
     Senate that would have prohibited Members of Congress and the 
     President from receiving basic pay because of Federal 
     government shutdowns resulting from (1) a failure to enact a 
     regular appropriations bill or continuing resolution or (2) 
     the Federal government not being able to make payments or 
     meet obligations because the public debt limit had been 
     reached. The language would have also prohibited any 
     retroactive pay.

                   Conderence Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1996 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1995 amount, the 1996 
     budget estimates, and the House and Senate bills for 1996 
     follow:

                             Federal funds

New budget (obligational) authority, fiscal year 1995......$712,070,000
Budget estimates of new (obligational) authority, fiscal yea712,070,000
House bill, fiscal year 1996................................712,000,000
Senate bill, fiscal year 1996...............................712,000,000
Conference agreement, fiscal year 1996......................727,000,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1995.....+14,930,000
  Budget estimates of new (obligational) authority, fiscal y+14,930,000
  House bill, fiscal year 1996..............................+15,000,000
  Senate bill, fiscal year 1996.............................+15,000,000

                       District of Columbia funds

New budget (obligational) authority, fiscal year 1995....$5,069,252.635
Budget estimates of new (obligational) authority, fiscal y5,250,386,000
House bill, fiscal year 1996..............................4,969,322,000
Senate bill, fiscal year 1996.............................5,114,273,000
Conference agreement, fiscal year 1996....................5,096,039,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1995.....+26,786,365
  Budget estimates of new (obligational) authority, fiscal -154,347,000
  House bill, fiscal year 1996..............................126,717,000
  Senate bill, fiscal year 1996.............................-18,234,000

  
     James T. Walsh,
     Henry Bonilla,
     Jack Kingston,
     Rodney P. Frelinghuysen,
     Mark W. Neumann,
     Bob Livingston,
                                Managers on the Part of the House.

     Jim Jeffords,
     Ben Nighthorse Campbell,
     Mark O. Hatfield,
     Managers on the Part of the Senate.

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