[House Report 104-455]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-455
_______________________________________________________________________


 
 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

                                _______


                January 31, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Walsh, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 2546]

      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 Education Reform

      For a Federal contribution to Education Reform, 
$14,930,000 which shall be deposited into an escrow account of 
the District of Columbia Financial Responsibility and 
Management Assistance Authority, pursuant to section 205 of 
Public Law 104-8, approved April 17, 1995 (109 Stat. 131), and 
shall be disbursed from such account pursuant to the 
instructions of the Authority and in accordance with title II 
of this Act, where applicable, as follows:
      $200,000 shall be available for payments to charter 
schools;
      $300,000 shall be available for the Public Charter School 
Board;
      $2,000,000 shall be transferred directly, 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 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 $45,377,000 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) 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.

                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).

              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 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 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;
            (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 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.
      (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 (a), 
        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 implenent the plan.
            (4) The plan shall include an implementation 
        schedule, together with specific performance measures 
        and timelines to determine the extent to which the 
        District is meeting the schedule during the transition 
        period.
            (5) Under the plan, the Mayor of the District of 
        Columbia shall submit a semi-annual report to the 
        President, Congress, and the District of Columbia 
        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 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, 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.
            (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 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.
    (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 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.
                    (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 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'';
            (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).
            (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 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 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 subtititle 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 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), 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, 
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.
    (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.
            (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 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 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 information supplied to the conferees, 
this subsidy, which was made available primarily to the 
uninsured who have no alternative sources 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 forced 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 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..........................                  0         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         80,327,000         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............................          1,137,000                  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.                                                                                                                                                          

                            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
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 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 Committees 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 Fund 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 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 1996
                                                              Fiscal year 1995   Fiscal year 1996   Fiscal year 1996      authority       Fiscal year 1996   Fiscal year 1996      conference   
                                                                  approved       original request   revised request     recommendation    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
  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 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 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 
Improvement 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 School 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 first 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 
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 be 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 task 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 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 center 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 
programs. 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 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, they would benefit from competition with 
private schools aimed at satisfying the needs of low-income 
families.
      The conference action adds the Board of Education, the 
Superintendent of District 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 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.

                   Conference 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 
    year 1996...........................................     712,070,000
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 year 1996..................................     +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 
    year 1996...........................................   5,250,386,000
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 year 1996..................................    -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.