[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1244 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 188

104th CONGRESS

  1st Session

                                S. 1244

                          [Report No. 104-144]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

           September 15 (legislative day, September 5), 1995

                 Read twice and placed on the calendar



                                                       Calendar No. 188
104th CONGRESS
  1st Session
                                 S. 1244

                          [Report No. 104-144]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 15 (legislative day, September 5), 1995

   Mr. Jeffords, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the government of the District of Columbia 
    and other activities chargeable in whole or in part against the 
  revenues of said District for the fiscal year ending September 30, 
                     1996, and for other purposes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the District of Columbia for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

                                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.

                          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, $150,721,000 and 1,465 full-
time equivalent positions (end of year): 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 used for a pay-as-you-go capital project of which $28,000,000 is 
available to develop and implement a new financial management 
information system and $1,500,000 is available for a needs assessment 
study: Provided further, That the District of Columbia Financial 
Responsibility and Management Assistance Authority shall have given 
prior approval to the work plan and procurement documents for necessary 
hardware and software before work on phase 3, as described in the 
Authority's August 15, 1995 report, is begun.

                  Economic Development and Regulation

    Economic development and regulation, $142,711,000 and 1,692 full-
time equivalent positions (end-of-year): 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, $960,747,000 and 11,544 
full-time equivalent positions (end-of-year): 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 the District of 
Columbia shall house no more than 1,000 inmates in its community 
correctional centers, District operated or contracted, on any given 
date: 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, fires, 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, 
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, $800,080,000 and 11,670 full-time 
equivalent positions (end-of-year), to be allocated as follows: 
$585,956,000 and 10,167 full-time equivalent positions for the public 
schools of the District of Columbia; $109,175,000 shall be allocated 
for the District of Columbia Teachers' Retirement Fund; $81,940,000 and 
1,079 full-time equivalent positions for the University of the District 
of Columbia; $20,742,000 and 415 full-time equivalent positions for the 
Public Library; $2,267,000 and 9 full-time equivalent positions 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.

                         Human Support Services

    Human support services, $1,859,622,000 and 6,469 full-time 
equivalent positions (end-of-year): 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): Provided, That this 
appropriation shall not be available for collecting ashes or 
miscellaneous refuse from hotels and places of business.
             Washington Convention Center Transfer Payment

    For the Washington Convention Center Fund, $5,400,000.

                    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, $257,787,000.

                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, 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.

             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 for employees who are subject to collective 
bargaining agreements to the extent possible through the renegotiation 
of existing collective bargaining agreements.

                             Rainy Day Fund

    For mandatory unavoidable expenditures within one or several of the 
various appropriation headings of this Act, to be allocated to the 
budgets for personal services and nonpersonal services as requested by 
the Mayor and approved by the Council pursuant to the procedures in 
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: 
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, 
1995 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.

                         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

    If a sufficient reduction from employees who are subject to 
collective bargaining agreements is not realized through renegotiating 
existing agreements, the Mayor shall decrease the rates of compensation 
for such employees, notwithstanding the provisions of any collective 
bargaining agreements: Provided, That 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.

                              Outplacement

    For outplacement $1,500,000.

                             Capital Outlay

    For construction projects, $82,850,000, 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 
appropriated under this heading in prior fiscal years is rescinded.
                    Water and Sewer Enterprise Fund

    For the Water and Sewer Enterprise Fund, $243,853,000 and 1,024 
full-time equivalent positions (end of year), 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.

              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), 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), 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 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 the 
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 from the general fund.

                         D.C. Retirement Board

    For the D.C. Retirement Board, established by section 121 of the 
District of Columbia Comprehensive Retirement Reform Act of 1989, 
approved November 17, 1989 (93 Stat. 866; D.C. Code, sec. 1-711), 
$13,440,000 to pay legal, management, investment, and other fees and 
administrative expenses of the District of Columbia Retirement Board 
and 11 full-time equivalent positions (end of year): 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

    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).

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.
              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.

                      Personal Services Adjustment

    The Mayor, in consultation with the Council and the District of 
Columbia Financial Responsibility and Management Assistance Authority, 
shall reduce appropriations and expenditures for personal services 
costs in the amount of $11,264,000 within one or several of the various 
appropriations headings in this Act.

                           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.
    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 
General Services, Federalism, and the District of Columbia, 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 borrowing 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. Section 466(b) of the District of Columbia Self-
Government and Governmental Reorganization Act of 1973, approved 
December 24, 1973 (87 Stat. 806; Public Law 93-198; D.C. Code, sec. 47-
326), as amended, is amended by striking ``sold before October 1, 
1995''and inserting ``sold before October 1, 1996''.
    Sec. 125. 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. 126. 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. 127. 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. 128. 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. 129. 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, secs. 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 130. (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. 131. 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 Representatives 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)).
    Sec. 132. None of the Federal funds appropriated under this Act 
shall be expended for any abortion except when it is made known to the 
entity or official to which funds are appropriated under this Act that 
such procedure is necessary to save the life of the mother or that the 
pregnancy is the result of an act of rape or incest.
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 II, 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) Member 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 calendar 
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 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 versus budget broken out on the basis 
        of control center, responsibility center, ARC, and object 
        class, and for appropriated funds, nonappropriated funds, and 
        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 ARC within each responsibility 
        center, for appropriated funds, nonappropriated funds, and 
        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 ARC, 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 ARC; and contract 
        identifying codes used by the District of Columbia 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 District of Columbia 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 versus budget broken out on the basis 
        of control center, responsibility center, and object class, and 
        for appropriated funds, nonappropriated funds, and 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 appropriated funds, 
        nonappropriated funds, and 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 made 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.
    Sec. 140. None of the Federal funds appropriated under this Act 
shall be used to implement or enforce any system of registration of 
unmarried, cohabiting couples whether they are homosexual, lesbian, 
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.

                     annual reporting requirements

    Sec. 141. (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. 142. (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 first, 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. 143. 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. 144. 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. 145. (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 39,778 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.

                       capital project employees

    Sec. 146. (a) Not later than 15 days after the end of every fiscal 
quarter (beginning October 1, 1995), the Mayor shall submit to the 
Council and the Committees on Appropriations of the Senate and House of 
Representatives 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.

   modifications of board of education reduction-in-force procedures

    Sec. 147. 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 as follows:
                    (1) By striking the semicolon at the end of 
                subparagraph (L).
                    (2) 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 non-school based personnel or 
school administrators to be assigned or reassigned to the same 
competitive level as classroom teachers.''.
    Sec. 148. (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 non-school based personnel who shall not compete with school-
based personnel for retention purposes.

             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 effected by the abolishment of a position 
pursuant to this section who, but for this section would be entitled to 
compete for retention, shall be entitled to one 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 this 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''.
  Delay in Conveyance of Property to Columbia Hospital for Women for 
                National Women's Health Resource Center

    Sec. 150. Effective as if included in the enactment of Public Law 
103-67, section 1(c)(1) of Public Law 103-67 (107 Stat. 687) is amended 
by striking ``1 year'' and inserting ``3 years''.
    This title may be cited as the ``District of Columbia 
Appropriations Act, 1996''.
         TITLE II--DISTRICT OF COLUMBIA SCHOOLS IMPROVEMENT ACT

 Subtitle A--Establishment and Organization of Commission on Consensus 
           Reform in the District of Columbia Public Schools

SEC. 201. DEFINITIONS.

    For purposes of this subtitle--
            (1) Commission.--The term ``Commission'' means the 
        Commission on Consensus Reform in the District of Columbia 
        Public Schools.
            (2) Board of education or board.--The term ``Board of 
        Education'' or ``Board'' means the Board of Education of the 
        District of Columbia.
            (3) Authority.--The term ``Authority'' means the District 
        of Columbia Financial Responsibility and Management Assistance 
        Authority.
            (4) Educational plan.--The term ``Educational Plan'' means 
        the System-Wide Educational Reform Goals and Objectives Plan 
        developed and implemented under this Act.
            (5) Mayor.--The term ``Mayor'' means the Mayor of the 
        District of Columbia.
            (6) Council.--The term ``Council'' means the Council of the 
        District of Columbia.

SEC. 202. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF COLUMBIA 
              PUBLIC SCHOOLS.

    (a) Establishment.--
            (1) In general.--There is hereby established the 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 Commission shall consist of the 
        following members:
                    (A) 1 member to be appointed by the Senate Majority 
                Leader.
                    (B) 1 member to be appointed by the Speaker of the 
                House of Representatives.
                    (C) 2 members to be appointed by the President, 1 
                who shall represent the local business community and 1 
                who is a teacher in the District of Columbia public 
                schools.
                    (D) The President of the District of Columbia 
                Congress of Parents and Teachers.
                    (E) The President of the District of Columbia Board 
                of Education.
                    (F) The Superintendent of Public Schools of the 
                District of Columbia.
                    (G) The Mayor and Council Chairman shall each name 
                one non-voting ex-officio member.
            (3) Terms of service.--The members of the Commission 
        appointed under subparagraphs (A), (B), and (C) of paragraph 
        (2) shall appointed for a term of 3 years.
            (4) Vacancies.--Any vacancy in the membership of the 
        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 Commission appointed 
        under subparagraphs (A), (B), and (C) of paragraph (2) shall be 
        city residents with a knowledge of education.
            (6) Chair.--The chair of the Commission shall be chosen by 
        the Commission from among its members, except that the 
        President of the Board of Education and the Superintendent of 
        Public Schools shall not be eligible to serve as chair.
            (7) No compensation for service.--Members of the Commission 
        shall serve without pay, but may receive reimbursement for any 
        reasonable and necessary expenses incurred by reason of service 
        on the Commission.
    (b) Executive Director.--The Commission shall have an Executive 
Director who shall be appointed by the Chair with the consent of the 
Commission. The Executive Director shall be paid at a rate determined 
by the Commission, except that such rate may not exceed the highest 
rate of pay payable for level EG16 of the Educational Service.
    (c) Staff.--With the approval of the Chair, 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) The Board shall reprogram such funds, as the chairman of the 
Commission shall in writing request, from amounts available to the 
Board.

SEC. 203. GENERAL POWERS.

    (a) In General.--The Commission shall have the following powers:
            (1) Financial control over the District of Columbia public 
        schools exercised through the Authority.
            (2) To approve and monitor the development and 
        implementation of the Board's Educational Plan.
            (3) To exercise its authority, as provided in this 
        subtitle, as necessary to facilitate implementation of the 
        Board's Educational Plan.
            (4) To promulgate rules concerning the management and 
        direction of the Board, as deemed necessary, to address 
        obstacles to the development or implementation of the 
        Educational Plan.
    (b) Limitation.--Except as otherwise provided in this subtitle, the 
Commission shall have no powers to involve itself in the management or 
operation of the Board in the implementation of the Educational Plan.

SEC. 204. SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND OBJECTIVES PLAN.

    (a) Board Plan.--The Board shall develop, adopt, and submit to the 
Commission on or before March 1, 1996, a System-Wide Educational Reform 
Goals and Objectives Plan with respect to the 1996-1997 school year. 
Thereafter, the Board shall develop, adopt and submit to the Commission 
on or before March 1 of each year an Educational Plan for the coming 
school year. The Board shall have an Educational Plan for every year.
    (b) Commission Approval.--The Commission shall approve or reject, 
in whole or in part, the Educational Plan submitted to it by the Board 
within 30 days of its receipt. No Educational Plan shall have force or 
effect without approval of the Commission.
    (c) Development and Centers for Approval Plan.--Each Educational 
Plan shall be developed, submitted, approved, and monitored in 
accordance with the following procedures:
            (1) Each Educational Plan shall include specific provisions 
        designed to accomplish the following objectives and reflect the 
        cumulative effect of the Local School Restructuring Team (LSRT) 
        in terms of student needs, financial requirements, and 
        timeliness for implementation:
                    (A) To ensure, to the extent possible with 
                available categorical funds designated for this 
                purpose, the provision of education services to all 
                eligible children for the 1997-1998 school year and 
                thereafter.
                    (B) To increase the level of parental involvement 
                in the education of their children.
                    (C) To enhance the range of authority, 
                responsibility, and accountability of principals.
                    (D) To restructure the relationship of the Board 
                and its administrative staff to local schools so that 
                the relationship is characterized by less centralized 
                control.
                    (E) To ensure that all personnel have access to 
                appropriate training opportunities.
                    (F) To ensure the provision of sufficient staff and 
                facility resources for compliance with court orders.
                    (G) To ensure the equitable distribution among the 
                schools and programs of funds budgeted by the Board in 
                accordance with applicable laws, rules and regulations.
                    (H) To ensure that more schools are given the 
                opportunity to operate with more autonomy.
                    (I) To ensure a new, fair, demanding evaluation 
                process and more and better opportunities for teacher 
                preparation.
                    (J) To generate a sense of urgency in the business 
                and philanthropic community and enlist them in targeted 
                support for very particular, concrete school reform 
                goals.
                    (K) To address the school governance issue, and to 
                recommend, within 1 year from the date of the 
                appointment of the members of the Commission 
                constituting a quorum, to the Council, the Mayor, and 
                the relevant committees of the Congress an alternative 
                to the current structure that will eliminate the 
                division of responsibility and accountability among the 
                Board of Education, the District Council and the Mayor.
            (2) Each Educational Plan shall include specific provisions 
        to ensure the best possible utilization of public school space, 
        including provisions--
                    (A) to prepare a plan for adaptive reuse of schools 
                and consolidation;
                    (B) to develop a five-year capital improvement plan 
                to carry out an approved facilities master plan which 
                provides for a system-wide modernization of public 
                schools;
                    (C) to institute management systems to support the 
                implementation of the capital plan, in consultation and 
                cooperation with the Mayor and Authority; and
                    (D) to identify and develop revenue sources for the 
                approved capital improvement plan.

SEC. 205. ELEMENTS OF THE SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND 
              OBJECTIVES PLAN.

    (a) Plan Goals.--Each Educational Plan shall contain a detailed 
description, including estimates of financial costs and expected dates 
of completion, of--
            (1) the Board's school reform goals and objectives;
            (2) the Board's strategy for implementing its school reform 
        goals and objectives;
            (3) the Board's plans and strategy for implementing 
        applicable District laws enacted to affect school reform;
            (4) the Board's strategy for developing and implementing 
        district-wide guidelines, rules, and procedures with respect to 
        local school decision making as provided by applicable District 
        law enacted as part of any school reform legislation;
            (5) the Board's goals and objectives for the 2-year period 
        subsequent to the school year for which the Educational Plan 
        applies, as prescribed by the Commission; and
            (6) such other information and detail as may be prescribed 
        by the Commission.
    (b) Standards and Procedures.--The Commission may prescribe any 
reasonable time, standards, procedures, or forms for preparation and 
submission of the Educational Plan.
    (c) Approval Criteria.--The Commission shall approve an Educational 
Plan submitted by the Board if, in the Commission's judgment, the 
Educational Plan is--
            (1) complete;
            (2) reasonably capable of being achieved;
            (3) supported by demonstrably sufficient and available 
        funding;
            (4) responsive to any Commission directives or 
        requirements;
            (5) consistent with applicable District laws enacted to 
        affect school reform; and
            (6) reasonably capable of achieving substantial progress 
        toward improving the educational achievement of the students 
        and is consistent with the Bringing Educational Services to 
        Students (BESST) agenda, the District of Columbia Reform 
        Agenda, and the District of Columbia Public Schools Goals 2000 
        Plan.
    (d) Rejection and Revision.--If the Commission rejects an 
Educational Plan submitted by the Board, the Commission may prescribe a 
procedure and standards for revision and resubmission of the 
Educational Plan by the Board. If, within 60 days after the Commission 
notifies the Board of the Commission's rejection of the Board's 
Educational Plan and of the procedures and standards for revision and 
resubmission, the Board fails to approve and resubmit a revised plan 
acceptable to the Commission, the Commission may make revisions and 
adopt a final Educational Plan and direct the Superintendent to 
implement.
    (e) Reporting Requirements.--The Board shall report to the 
Commission, at such times and in such manner as the Commission may 
direct, concerning the Board's implementation of each approved 
Educational Plan. The Commission may review the Board's operations, 
obtain educational and financial data, require the Board to produce 
reports, and have access to any other information in the possession of 
the Board that it deems relevant. The Commission may issue 
recommendations or directives within its powers to the Board for the 
implementation of the approved Educational Plan. The Board shall 
produce such reports and other information and comply with such 
directives.
    (f) Notice of Modification.--After approval of each Educational 
Plan, the Board shall promptly notify the Commission of any material 
change in any matter contained in the approved Educational Plan. The 
Board may submit to the Commission or the Commission may require the 
Board to submit, a modified Educational Plan based upon revised 
information. The Commission shall approve or reject each modified 
Educational Plan pursuant to subsection (c).

SEC. 206. CONSISTENCY WITH SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND 
              OBJECTIVES PLAN.

    (a) Limits on Contracting.--The Board shall not enter into any 
contract, agreement, or other obligation unless it is consistent with 
the Educational Plan in effect.
    (b) Commission Authority Over Contracting.--The Commission shall 
have no power to impair any existing contract or obligation of the 
Board; except, however, that the Commission may direct the Board to 
modify or amend the Board rules or policies that the Commission deems 
necessary to facilitate development or implementation of the 
Educational Plan.
    (c) Review of Contracts.--The Commission may request that the 
Authority review proposed or existing contracts or leases pursuant to 
section 203(b) of the District of Columbia Financial Responsibility and 
Management Assistance Act of 1995 (Public Law 104-8; 109 Stat. 118).

SEC. 207. EDUCATIONAL PERFORMANCE AUDITS.

    The Commission may examine and audit records of the Board or 
require the Board to examine and audit its records at such time and in 
such manner as the Commission may prescribe to assure, monitor, and 
evaluate the performance of the Board with respect to compliance with 
an approved Educational Plan and its overall educational achievement. 
The Commission shall conduct an annual audit of the educational 
performance of the Board with respect to meeting the goals of the 
Educational Plan for such year. The audit technique, content, and 
procedures shall be determined by the Commission. The Board shall 
cooperate and assist in the audit as requested by the Commission.

SEC. 208. INVESTIGATIVE POWERS.

    The Commission may investigate any action or activity which may 
hinder the progress of any part of an approved Educational Plan. The 
Board shall cooperate and assist the Commission in any investigation. 
Reports of the findings of any such investigation shall be provided to 
the Board, Superintendent of the District of Columbia Public Schools, 
the Mayor, the Council, the Authority, the Committees on Appropriations 
of the Senate and House of Representatives.

SEC. 209. RECOMMENDATIONS OF THE COMMISSION.

    (a) In General.--The Commission may at any time submit 
recommendations to the Board, Mayor, the Council, and the Congress on 
actions the District government or the Federal Government should take 
to ensure implementation of the approved Educational Plan.
    (b) Response to Recommendations for Actions Within Authority of the 
Board of Education.--
            (1) In general.--In the case of any recommendations 
        submitted under subsection (a) which are within the authority 
        of the District of Columbia government to adopt, not later than 
        90 days after receiving the recommendations, the Board, shall 
        submit a statement to the Commission which provides notice as 
        to whether the Board will adopt the recommendations.
            (2) Implementation plan required for adopted 
        recommendations.--If the Board notifies the Commission under 
        paragraph (1) that the Board will adopt any of the 
        recommendations submitted under subsection (a), the Board shall 
        include in the statement a written plan to implement the 
        recommendation which includes--
                    (A) specific performance measures to determine the 
                extent to which the Board has adopted the 
                recommendation; and
                    (B) a schedule for auditing the Board's compliance 
                with the plan.
            (3) Explanations required for recommendations not 
        adopted.--If the Board notifies the Commission under paragraph 
        (1) that the Board will not adopt any recommendation submitted 
        under subsection (a) which the Board has authority to adopt, 
        the Board shall include in the statement explanations for the 
        rejection of the recommendations.
            (4) Commission reaction to nonresponse from board or 
        rejection of recommendation.--(A) In the instance where there 
        is no response from the Board at the end of 90 days the 
        Commission shall immediately notify, including the written 
        recommendation submitted under subsection (a) to the Board, the 
        other elements of the District of Columbia government and the 
        Committee on Governmental Affairs of the Senate, the Committee 
        on Government Reform and Oversight of the House of 
        Representatives, and the Committees on Appropriations of the 
        Senate and the House of Representatives.
            (B) The Commission may then direct the Superintendent to 
        carry out such recommendation.

SEC. 210. VACANCY IN SUPERINTENDENT OF PUBLIC SCHOOLS.

    (a) Notwithstanding any other provision of law, the Board shall 
notify the Commission within 10 days of the occurrence of a vacancy in 
the Superintendent of Public Schools.
    (b) Upon receipt of the notice described in (a) the Commission 
shall, as soon as is practicable, conduct a search for candidates for 
the office of Superintendent of Public Schools and submit the names of 
3 candidates to the Board.
    (c) Within 30 days of the receipt of the names described in (b) the 
Board shall choose one to be the Superintendent of the District of 
Columbia Public Schools.

SEC. 211. EXPIRATION DATE.

    This subtitle shall expire on September 30, 2016.

                      Subtitle B--Charter Schools

SEC. 212. PURPOSE.

    The purpose of this subtitle is to permit the District of Columbia 
to establish charter schools to improve the education of students and 
encourage community involvement in education.

SEC. 213. DEFINITIONS.

    For purposes of this subtitle--
            (1) Charter school.--The term ``charter school'' means a 
        public school that--
                    (A) operates under a charter granted for a period 
                of 5 years by the Commission on Consensus Reform in the 
                District of Columbia Public Schools or the Board of 
                Education of the District of Columbia and functions 
                independently of the D.C. Public Schools as a local 
                education agency and is exempted from significant local 
                rules that inhibit the flexible operation and 
                management of public schools, but not from any rules 
                relating to other requirements under this subtitle;
                    (B) is created by a developer as a public school, 
                or is adapted by a developer from an existing public 
                school, or an existing non-Public School, and is 
                operated under public supervision and direction;
                    (C) operates in pursuit of a specific set of 
                educational objectives determined by the school's 
                developer and agreed to by the authorized public 
                chartering agency;
                    (D) provides a program of elementary or secondary 
                or both;
                    (E) is nonsectarian in its programs, admissions 
                policies, employment practices, and all other 
                operations, and is not affiliated with a sectarian 
                school or religious institution;
                    (F) does not charge tuition;
                    (G) is governed by a Board of Trustees;
                    (H) complies with the Age Discrimination Act of 
                1975, title VI of the Civil Rights Act of 1964, title 
                IX of the Education Amendments of 1972, section 504 of 
                the Rehabilitation Act of 1973, and part B of the 
                Individuals With Disabilities Education Act;
                    (I) admits students on the basis of a lottery, if 
                more students apply for admission than can be 
                accommodated;
                    (J) agrees to comply with the same Federal and 
                District of Columbia audit requirements as do other 
                elementary and secondary schools in the District of 
                Columbia, unless such requirements are specifically 
                waived for the purpose of this program; and
                    (K) meets all applicable Federal and local health 
                and safety requirements.
            (2) Developer.--The term ``developer'' means an individual 
        or group of individuals (including a public or private 
        organization) which may include teachers, administrators and 
        other school staff, parents, or other members of the local 
        community in which a charter school project will be carried 
        out.
            (3) Eligible applicant.--The term ``eligible applicant'' 
        means an authorized public chartering agency participating in a 
        partnership with a developer to establish a charter school.
            (4) Public chartering agency.--The term ``public chartering 
        agency'' means the Commission on Consensus Public School Reform 
        and the District of Columbia Board of Education.

SEC. 214. APPLICATION.

    (a) In General.--A petition for a public school charter shall be a 
written proposed agreement between an eligible applicant seeking to 
establish a public charter school and an eligible chartering agency.
    (b) Contents of Application.--The application shall contain--
            (1) a description of the objectives of the Local 
        Educational Agency's charter school grant program and a 
        description of how such objectives will be fulfilled, including 
        steps taken by the local educational agency to inform teachers, 
        parents, and communities of the local educational agency's 
        charter school grant program;
            (2) a description of how the program will enable all 
        students to meet challenging student performance standards as 
        established by the local educational agency;
            (3) the grade levels or ages of children to be served;
            (4) the curriculum and instructional practices to be used;
            (5) a description as to how the charter school will be 
        managed;
            (6) a description of the charter school's objectives and 
        the methods by which the charter school will determine its 
        progress toward achieving those objectives;
            (7) a description of the administrative relationship 
        between the charter school and the authorized public chartering 
        agency;
            (8) a description of how parents and other members of the 
        community will be involved in the design and implementation of 
        the charter school;
            (9) a request and justification for waivers of any Federal 
        statutory or regulatory provisions that the applicant believes 
        are necessary for the successful operation of the charter 
        school, and a description of any local rules, generally 
        applicable to public schools, that will be waived for, or 
        otherwise not apply, to the school;
            (10) a description of how students in the community will be 
        informed about the charter school and given an equal 
        opportunity to attend the charter school; and
            (11) an assurance that the eligible applicant will annually 
        provide the Secretary of Education, the Congress, and the local 
        educational agency such information as may be required to 
        determine if the charter school is making satisfactory 
        progress.

SEC. 215. SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.

    Charter schools shall be selected by the public chartering agency 
by taking the following factors into consideration:
            (1) The quality of the proposed curriculum and 
        instructional practices.
            (2) The degree of flexibility afforded by the local 
        educational agency.
            (3) The extent of community support for the application.
            (4) The ambitiousness of the objectives for the charter 
        school.
            (5) The quality of the strategy for assessing achievement 
        of those objectives.
            (6) The likelihood that the charter school will meet those 
        objectives and improve educational results for students.
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