[Congressional Record Volume 141, Number 174 (Monday, November 6, 1995)]
[Senate]
[Pages S16701-S16709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1996

  Due to a printing error, the Record of November 2 contains incorrect 
text, upon passage, of the bill (H.R. 2546) making appropriations for 
the government of the District of Columbia and other activities 
chargeable in whole or in part against the revenues of said District 
for the fiscal year ending September 30, 1996, and for other purposes. 
The permanent Record will be corrected to reflect the following text.

       Resolved, That the bill from the House of Representatives 
     (H.R. 2546) entitled ``An Act making appropriations for the 
     government of the District of Columbia and other activities 
     chargeable in whole or in part against the revenues of said 
     District for the fiscal year ending September 30, 1996, and 
     for other purposes'', do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     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), 
     $52,000,000.

                          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 

[[Page S 16702]]
     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 

[[Page S 16703]]
     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.

[[Page S 16704]]

       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:

[[Page S 16705]]

       ``(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, 

[[Page S 16706]]
     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 President chosen from a 
     list of 3 proposed members submitted by the Majority Leader 
     of the Senate;
       (B) 1 member to be appointed by the President chosen from a 
     list of 3 proposed members submitted by the Speaker of the 
     House of Representatives;
       (C) 2 members to be appointed by the President, 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.
       (H) The Chief of the National Guard Bureau who shall be an 
     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 

[[Page S 16707]]
     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 

[[Page S 16708]]
     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. IMPROVING ORDER AND DISCIPLINE.

       (a) Dress Code.--
       (1) In general.--Not later than the first day of the 1996-
     1997 school year, the Commission shall develop and implement, 
     through the Board of Education and the Superintendent of 
     Schools, a uniform dress code for the District of Columbia 
     Public Schools.
       (2) Considerations.--The dress code--
       (A) shall include a prohibition of gang membership symbols;
       (B) shall take into account the relative costs of any 
     policy for each student; and
       (C) may include a requirement that students wear uniforms.
       (b) Community Service Requirement for Suspended Students.--
       (1) In general.--Any student suspended from classes at a 
     District of Columbia Public School who is required to serve 
     the suspension outside the school shall perform community 
     service for the period of suspension. The community service 
     required by this subsection shall be subject to rules and 
     regulations promulgated by the Mayor.
       (2) Effective date.--This subsection shall take effect 
     beginning on the first day of the 1996-1997 school year.
       (c) Expiration Date.--This section and the membership 
     provided in section 202(a)(2)(H) shall expire on the last day 
     of the 1997-1998 school year.
       (d) Report.--The Commission shall study the effectiveness 
     of the policies implemented pursuant to this section in 
     improving order and discipline in schools and report its 
     findings to the appropriate committees of Congress 60 days 
     before the last day of the 1997-1998 school year.

     SEC. 212. EXPIRATION DATE.

       This subtitle shall expire on September 30, 2016.
                      Subtitle B--Charter Schools

     SEC. 213. 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. 214. 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. 215. 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. 216. 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.
                  TITLE III--MISCELLANEOUS PROVISIONS
       Sec. 301. None of the funds provided in this Act may be 
     used directly or indirectly for the renovation of the 
     property located at 227 7th Street Southeast (commonly known 
     as Eastern 

[[Page S 16709]]
     Market), except that funds provided in this Act may be used for the 
     regular maintenance and upkeep of the current structure and 
     grounds located at such property.

     SEC. 302. ENERGY SAVINGS AT DISTRICT OF COLUMBIA FACILITIES.

       (a) Reduction in Facilities Energy Costs.--
       (1) In general.--The head of each agency of the District of 
     Columbia for which funds are made available under this Act 
     shall--
       (A) take all actions necessary to achieve during fiscal 
     year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency; or
       (B) enter into a sufficient number of energy savings 
     performance contracts with private sector energy service 
     companies under title VIII of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287 et seq.) to achieve 
     during fiscal year 1996 at least a 5 percent reduction, from 
     fiscal year 1995 levels, in the energy use of the facilities 
     used by the agency.
       (2) Goal.--The activities described in paragraph (1) should 
     be a key component of agency programs that will by the year 
     2000 result in a 20 percent reduction, from fiscal year 1985 
     levels, in the energy use of the facilities used by the 
     agency, as required by section 543 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8253).
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection (a) shall 
     remain available for obligation through the end of fiscal 
     year 2000, without further authorization or appropriation, as 
     follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Reports.--
       (1) By agency heads.--The head of each agency for which 
     funds are made available under this Act shall include in each 
     report of the agency to the Secretary of Energy under section 
     548(a) of the National Energy Conservation Policy Act (42 
     U.S.C. 8258(a)) a description of the results of the 
     activities carried out under subsection (a) and 
     recommendations concerning how to further reduce energy costs 
     and energy consumption in the future.
       (2) By secretary of energy.--The reports required under 
     paragraph (1) shall be included in the annual reports 
     required to be submitted to Congress by the Secretary of 
     Energy under section 548(b) of the Act (42 U.S.C. 8258(b)).
       (3) Contents.--With respect to the period since the date of 
     the preceding report, a report under paragraph (1) or (2) 
     shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved;
       (C) specify the actions that resulted in the reductions;
       (D) with respect to the procurement procedures of the 
     agency, specify what actions have been taken to--
       (i) implement the procurement authorities provided by 
     subsections (a) and (c) of section 546 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8256); and
       (ii) incorporate directly, or by reference, the 
     requirements of the regulations issued by the Secretary of 
     Energy under title VIII of the Act (42 U.S.C. 8287 et seq.); 
     and
       (E) specify--
       (i) the actions taken by the agency to achieve the goal 
     specified in subsection (a)(2);
       (ii) the procurement procedures and methods used by the 
     agency under section 546(a)(2) of the Act (42 U.S.C. 
     8256(a)(2)); and
       (iii) the number of energy savings performance contracts 
     entered into by the agency under title VIII of the Act (42 
     U.S.C. 8287 et seq.).

     SEC. 303. PAY OF MEMBERS OF CONGRESS AND THE PRESIDENT DURING 
                   GOVERNMENT SHUTDOWNS.

       (a) In General.--Members of Congress and the President 
     shall not receive basic pay for any period in which--
       (1) there is more than a 24 hour lapse in appropriations 
     for any Federal agency or department as a result of a failure 
     to enact a regular appropriations bill or continuing 
     resolution; or
       (2) the Federal Government is unable to make payments or 
     meet obligations because the public debt limit under section 
     3101 of title 31, United States Code has been reached.
       (b) Retroactive Pay Prohibited.--No pay forfeited in 
     accordance with subsection (a) may be paid retroactively.
  The PRESIDING OFFICER. The Republican whip.

                          ____________________