In the Senate of the United States,

November 2, 1995.

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:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 District of Columbia for the fiscal year ending September

4 30, 1996, and for other purposes, namely:

5 TITLE I

6 FISCAL YEAR 1996 APPROPRIATIONS

7 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

8 For payment to the District of Columbia for the fiscal

9 year ending September 30, 1996, $660,000,000, as author-
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1 ized by section 502(a) of the District of Columbia Self-Gov2 ernment and Governmental Reorganization Act, Public

3 Law 93-198, as amended (D.C. Code, sec. 47–3406.1).

4 FEDERAL CONTRIBUTION TO RETIREMENT FUNDS

5 For the Federal contribution to the Police Officers and

6 Fire Fighters’, Teachers’, and Judges’ Retirement Funds,

7 as authorized by the District of Columbia Retirement Re8 form Act, approved November 17, 1979 (93 Stat. 866; Pub9 lic Law 96–122), $52,000,000.

10 DIVISION OF EXPENSES

11 The following amounts are appropriated for the Dis12 trict of Columbia for the current fiscal year out of the gen13 eral fund of the District of Columbia, except as otherwise

14 specifically provided.

15 GOVERNMENTAL DIRECTION AND SUPPORT

16 Governmental direction and support, $150,721,000

17 and 1,465 full-time equivalent positions (end of year): Pro18 vided, That not to exceed $2,500 for the Mayor, $2,500 for

19 the Chairman of the Council of the District of Columbia,

20 and $2,500 for the City Administrator shall be available

21 from this appropriation for expenditures for official pur22 poses: Provided further, That any program fees collected

23 from the issuance of debt shall be available for the payment

24 of expenses of the debt management program of the District

25 of Columbia: Provided further, That no revenues from Fed-
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1 eral sources shall be used to support the operations or ac2 tivities of the Statehood Commission and Statehood Com3 pact Commission: Provided further, That the District of Co4 lumbia shall identify the sources of funding for Admission

5 to Statehood from its own locally-generated revenues: Pro6 vided further, That $29,500,000 is used for a pay-as-you7 go capital project of which $28,000,000 is available to de8 velop and implement a new financial management infor9 mation system and $1,500,000 is available for a needs as10 sessment study: Provided further, That the District of Co11 lumbia Financial Responsibility and Management Assist12 ance Authority shall have given prior approval to the work

13 plan and procurement documents for necessary hardware

14 and software before work on phase 3, as described in the

15 Authority’s August 15, 1995 report, is begun.

16 ECONOMIC DEVELOPMENT AND REGULATION

17 Economic development and regulation, $142,711,000

18 and 1,692 full-time equivalent positions (end-of-year): Pro19 vided, That the District of Columbia Housing Finance

20 Agency, established by section 201 of the District of Colum21 bia Housing Finance Agency Act, effective March 3, 1979

22 (D.C. Law 2–135; D.C. Code, sec. 45–2111), based upon its

23 capability of repayments as determined each year by the

24 Council of the District of Columbia from the Housing Fi25 nance Agency’s annual audited financial statements to the
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1 Council of the District of Columbia, shall repay to the gen2 eral fund an amount equal to the appropriated administra3 tive costs plus interest at a rate of four percent per annum

4 for a term of 15 years, with a deferral of payments for the

5 first three years: Provided further, That notwithstanding

6 the foregoing provision, the obligation to repay all or part

7 of the amounts due shall be subject to the rights of the own8 ers of any bonds or notes issued by the Housing Finance

9 Agency and shall be repaid to the District of Columbia gov10 ernment only from available operating revenues of the

11 Housing Finance Agency that are in excess of the amounts

12 required for debt service, reserve funds, and operating ex13 penses: Provided further, That upon commencement of the

14 debt service payments, such payments shall be deposited

15 into the general fund of the District of Columbia.

16 PUBLIC SAFETY AND JUSTICE

17 Public safety and justice, including purchase of 135

18 passenger-carrying vehicles for replacement only, including

19 130 for police-type use and five for fire-type use, without

20 regard to the general purchase price limitation for the cur21 rent fiscal year, $960,747,000 and 11,544 full-time equiva22 lent positions (end-of-year): Provided, That the Metropoli23 tan Police Department is authorized to replace not to exceed

24 25 passenger-carrying vehicles and the Fire Department of

25 the District of Columbia is authorized to replace not to ex-
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1 ceed five passenger-carrying vehicles annually whenever the

2 cost of repair to any damaged vehicle exceeds three-fourths

3 of the cost of the replacement: Provided further, That not

4 to exceed $500,000 shall be available from this appropria5 tion for the Chief of Police for the prevention and detection

6 of crime: Provided further, That the Metropolitan Police

7 Department shall provide quarterly reports to the Commit8 tees on Appropriations of the House and Senate on efforts

9 to increase efficiency and improve the professionalism in

10 the department: Provided further, That notwithstanding

11 any other provision of law, or Mayor’s Order 86–45, issued

12 March 18, 1986, the Metropolitan Police Department’s dele13 gated small purchase authority shall be $500,000: Provided

14 further, That the District of Columbia government may not

15 require the Metropolitan Police Department to submit to

16 any other procurement review process, or to obtain the ap17 proval of or be restricted in any manner by any official

18 or employee of the District of Columbia government, for

19 purchases that do not exceed $500,000: Provided further,

20 That $250,000 is used for the Georgetown Summer Detail;

21 $200,000 is used for East of the River Detail; $100,000 is

22 used for Adams Morgan Detail; and $100,000 is used for

23 the Capitol Hill Summer Detail: Provided further, That the

24 Metropolitan Police Department shall employ an authorized

25 level of sworn officers not to be less than 3,800 sworn officers
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1 for the fiscal year ending September 30, 1996: Provided fur2 ther, That the District of Columbia shall house no more

3 than 1,000 inmates in its community correctional centers,

4 District operated or contracted, on any given date: Provided

5 further, That funds appropriated for expenses under the

6 District of Columbia Criminal Justice Act, approved Sep7 tember 3, 1974 (88 Stat. 1090; Public Law 93–412; D.C.

8 Code, sec. 11–2601 et seq.), for the fiscal year ending Sep9 tember 30, 1996, shall be available for obligations incurred

10 under the Act in each fiscal year since inception in the fis11 cal year 1975: Provided further, That funds appropriated

12 for expenses under the District of Columbia Neglect Rep13 resentation Equity Act of 1984, effective March 13, 1985

14 (D.C. Law 5–129; D.C. Code, sec. 16–2304), for the fiscal

15 year ending September 30, 1996, shall be available for obli16 gations incurred under the Act in each fiscal year since in17 ception in the fiscal year 1985: Provided further, That

18 funds appropriated for expenses under the District of Co19 lumbia Guardianship, Protective Proceedings, and Durable

20 Power of Attorney Act of 1986, effective February 27, 1987

21 (D.C. Law 6–204; D. C. Code, sec. 21–2060), for the fiscal

22 year ending September 30, 1996, shall be available for obli23 gations incurred under the Act in each fiscal year since in24 ception in fiscal year 1989: Provided further, That not to

25 exceed $1,500 for the Chief Judge of the District of Colum-
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1 bia Court of Appeals, $1,500 for the Chief Judge of the Su2 perior Court of the District of Columbia, and $1,500 for

3 the Executive Officer of the District of Columbia Courts

4 shall be available from this appropriation for official pur5 poses: Provided further, That the District of Columbia shall

6 operate and maintain a free, 24-hour telephone information

7 service whereby residents of the area surrounding Lorton

8 prison in Fairfax County, Virginia, can promptly obtain

9 information from District of Columbia government officials

10 on all disturbances at the prison, including escapes, fires,

11 riots, and similar incidents: Provided further, That the Dis12 trict of Columbia government shall also take steps to pub13 licize the availability of the 24-hour telephone information

14 service among the residents of the area surrounding the

15 Lorton prison: Provided further, That not to exceed

16 $100,000 of this appropriation shall be used to reimburse

17 Fairfax County, Virginia, and Prince William County,

18 Virginia, for expenses incurred by the counties during the

19 fiscal year ending September 30, 1996, in relation to the

20 Lorton prison complex: Provided further, That such reim21 bursements shall be paid in all instances in which the Dis22 trict requests the counties to provide police, fire, rescue, and

23 related services to help deal with escapes, riots, and similar

24 disturbances involving the prison: Provided further, That

25 the Mayor shall reimburse the District of Columbia Na-
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1 tional Guard for expenses incurred in connection with serv2 ices that are performed in emergencies by the National

3 Guard in a militia status and are requested by the Mayor,

4 in amounts that shall be jointly determined and certified

5 as due and payable for these services by the Mayor and the

6 Commanding General of the District of Columbia National

7 Guard: Provided further, That such sums as may be nec8 essary for reimbursement to the District of Columbia Na9 tional Guard under the preceding proviso shall be available

10 from this appropriation, and the availability of the sums

11 shall be deemed as constituting payment in advance for

12 emergency services involved.

13 PUBLIC EDUCATION SYSTEM

14 Public education system, including the development of

15 national defense education programs, $800,080,000 and

16 11,670 full-time equivalent positions (end-of-year), to be al17 located as follows: $585,956,000 and 10,167 full-time equiv18 alent positions for the public schools of the District of Co19 lumbia; $109,175,000 shall be allocated for the District of

20 Columbia Teachers’ Retirement Fund; $81,940,000 and

21 1,079 full-time equivalent positions for the University of the

22 District of Columbia; $20,742,000 and 415 full-time equiva23 lent positions for the Public Library; $2,267,000 and 9 full24 time equivalent positions for the Commission on the Arts

25 and Humanities: Provided, That the public schools of the
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1 District of Columbia are authorized to accept not to exceed

2 31 motor vehicles for exclusive use in the driver education

3 program: Provided further, That not to exceed $2,500 for

4 the Superintendent of Schools, $2,500 for the President of

5 the University of the District of Columbia, and $2,000 for

6 the Public Librarian shall be available from this appropria7 tion for expenditures for official purposes: Provided further,

8 That this appropriation shall not be available to subsidize

9 the education of nonresidents of the District of Columbia

10 at the University of the District of Columbia, unless the

11 Board of Trustees of the University of the District of Colum12 bia adopts, for the fiscal year ending September 30, 1996,

13 a tuition rate schedule that will establish the tuition rate

14 for nonresident students at a level no lower than the non15 resident tuition rate charged at comparable public institu16 tions of higher education in the metropolitan area.

17 HUMAN SUPPORT SERVICES

18 Human support services, $1,859,622,000 and 6,469

19 full-time equivalent positions (end-of-year): Provided, That

20 $26,000,000 of this appropriation, to remain available

21 until expended, shall be available solely for District of Co22 lumbia employees’ disability compensation: Provided fur23 ther, That the District shall not provide free government

24 services such as water, sewer, solid waste disposal or collec25 tion, utilities, maintenance, repairs, or similar services to
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1 any legally constituted private nonprofit organization (as

2 defined in section 411(5) of Public Law 100–77, approved

3 July 22, 1987) providing emergency shelter services in the

4 District, if the District would not be qualified to receive

5 reimbursement pursuant to the Stewart B. McKinney

6 Homeless Assistance Act, approved July 22, 1987 (101 Stat.

7 485; Public Law 100–77; 42 U.S.C. 11301 et seq.).

8 PUBLIC WORKS

9 Public works, including rental of one passenger-carry10 ing vehicle for use by the Mayor and three passenger-carry11 ing vehicles for use by the Council of the District of Colum12 bia and purchase of passenger-carrying vehicles for replace13 ment only, $297,568,000 and 1,914 full-time equivalent po14 sitions (end-of-year): Provided, That this appropriation

15 shall not be available for collecting ashes or miscellaneous

16 refuse from hotels and places of business.

17 WASHINGTON CONVENTION CENTER TRANSFER PAYMENT

18 For the Washington Convention Center Fund,

19 $5,400,000.

20 REPAYMENT OF LOANS AND INTEREST

21 For reimbursement to the United States of funds

22 loaned in compliance with an Act to provide for the estab23 lishment of a modern, adequate, and efficient hospital cen24 ter in the District of Columbia, approved August 7, 1946

25 (60 Stat. 896; Public Law 79–648); section 1 of an Act
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1 to authorize the Commissioners of the District of Columbia

2 to borrow funds for capital improvement programs and to

3 amend provisions of law relating to Federal Government

4 participation in meeting costs of maintaining the Nation’s

5 Capital City, approved June 6, 1958 (72 Stat. 183; Public

6 Law 85–451; D.C. Code, sec. 9–219); section 4 of an Act

7 to authorize the Commissioners of the District of Columbia

8 to plan, construct, operate, and maintain a sanitary sewer

9 to connect the Dulles International Airport with the Dis10 trict of Columbia system, approved June 12, 1960 (74 Stat.

11 211; Public Law 86–515); sections 723 and 743(f) of the

12 District of Columbia Self-Government and Governmental

13 Reorganization Act of 1973, approved December 24, 1973,

14 as amended (87 Stat. 821; Public Law 93–198; D.C. Code,

15 sec. 47–321, note; 91 Stat. 1156; Public Law 95–131; D.C.

16 Code, sec. 9–219, note), including interest as required there17 by, $257,787,000.

18 REPAYMENT OF GENERAL FUND RECOVERY DEBT

19 For the purpose of eliminating the $331,589,000 gen20 eral fund accumulated deficit as of September 30, 1990,

21 $38,678,000, as authorized by section 461(a) of the District

22 of Columbia Self-Government and Governmental Reorga23 nization Act, approved December 24, 1973, as amended

24 (105 Stat. 540; Public Law 102–106; D.C. Code, sec. 47–

25 321(a)).
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1 REPAYMENT OF INTEREST ON SHORT-TERM BORROWING

2 For repayment of interest on short-term borrowing,

3 $9,698,000.

4 PAY RENEGOTIATION OR REDUCTION IN COMPENSATION

5 The Mayor shall reduce appropriations and expendi6 tures for personal services in the amount of $46,409,000,

7 by decreasing rates of compensation for District government

8 employees; such decreased rates are to be realized for em9 ployees who are subject to collective bargaining agreements

10 to the extent possible through the renegotiation of existing

11 collective bargaining agreements.

12 RAINY DAY FUND

13 For mandatory unavoidable expenditures within one

14 or several of the various appropriation headings of this Act,

15 to be allocated to the budgets for personal services and

16 nonpersonal services as requested by the Mayor and ap17 proved by the Council pursuant to the procedures in section

18 4 of the Reprogramming Policy Act of 1980, effective Sep19 tember 16, 1980 (D.C. Law 3–100; D.C. Code, sec. 47–363),

20 $4,563,000: Provided, That the District of Columbia shall

21 provide to the Committees on Appropriations of the House

22 of Representatives and the Senate quarterly reports by the

23 15th day of the month following the end of the quarter show24 ing how monies provided under this fund are expended with

25 a final report providing a full accounting of the fund due
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1 October 15, 1995 or not later than 15 days after the last

2 amount remaining in the fund is disbursed.

3 INCENTIVE BUYOUT PROGRAM

4 For the purpose of funding costs associated with the

5 incentive buyout program, to be apportioned by the Mayor

6 of the District of Columbia within the various appropria7 tion headings in this Act from which costs are properly

8 payable, $19,000,000.

9 BOARDS AND COMMISSIONS

10 The Mayor shall reduce appropriations and expendi11 tures for boards and commissions under the various head12 ings in this Act in the amount of $500,000.

13 GOVERNMENT RE-ENGINEERING PROGRAM

14 If a sufficient reduction from employees who are sub15 ject to collective bargaining agreements is not realized

16 through renegotiating existing agreements, the Mayor shall

17 decrease the rates of compensation for such employees, not18 withstanding the provisions of any collective bargaining

19 agreements: Provided, That the Mayor shall reduce appro20 priations and expenditures for personal and nonpersonal

21 services in the amount of $16,000,000 within one or several

22 of the various appropriation headings in this Act.

23 OUTPLACEMENT

24 For outplacement $1,500,000.
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1 CAPITAL OUTLAY

2 For construction projects, $82,850,000, as authorized

3 by an Act authorizing the laying of water mains and service

4 sewers in the District of Columbia, the levying of assess5 ments therefor, and for other purposes, approved April 22,

6 1904 (33 Stat. 244; Public Law 58–140; D.C. Code, secs.

7 43–1512 through 43–1519); the District of Columbia Public

8 Works Act of 1954, approved May 18, 1954 (68 Stat. 101;

9 Public Law 83–364); An Act to authorize the Commis10 sioners of the District of Columbia to borrow funds for cap11 ital improvement programs and to amend provisions of law

12 relating to Federal Government participation in meeting

13 costs of maintaining the Nation’s Capital City, approved

14 June 6, 1958 (72 Stat. 183; Public Law 85–451); including

15 acquisition of sites, preparation of plans and specifications,

16 conducting preliminary surveys, erection of structures, in17 cluding building improvement and alteration and treat18 ment of grounds, to remain available until expended: Pro19 vided, That $105,660,000 appropriated under this heading

20 in prior fiscal years is rescinded.

21 WATER AND SEWER ENTERPRISE FUND

22 For the Water and Sewer Enterprise Fund,

23 $243,853,000 and 1,024 full-time equivalent positions (end

24 of year), of which $41,036,000 shall be apportioned and
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1 payable to the debt service fund for repayment of loans and

2 interest incurred for capital improvement projects.

3 LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

4 For the Lottery and Charitable Games Enterprise

5 Fund, established by the District of Columbia Appropria6 tion Act for the Fiscal Year ending September 30, 1982,

7 approved December 4, 1981 (95 Stat. 1174, 1175; Public

8 Law 97–91), as amended, for the purpose of implementing

9 the Law to Legalize Lotteries, Daily Numbers Games, and

10 Bingo and Raffles for Charitable Purposes in the District

11 of Columbia, effective March 10, 1981 (D.C. Law 3–172;

12 D.C. Code, secs. 2–2501 et seq. and 22–1516 et seq.),

13 $229,950,000 and 88 full-time equivalent positions (end of

14 year), to be derived from non-Federal District of Columbia

15 revenues: Provided, That the District of Columbia shall

16 identify the source of funding for this appropriation title

17 from the District’s own locally-generated revenues: Provided

18 further, That no revenues from Federal sources shall be used

19 to support the operations or activities of the Lottery and

20 Charitable Games Control Board.

21 CABLE TELEVISION ENTERPRISE FUND

22 For the Cable Television Enterprise Fund, established

23 by the Cable Television Communications Act of 1981, effec24 tive October 22, 1983 (D.C. Law 5–36; D.C. Code, sec. 43–

25 1801 et seq.), $2,351,000 and 8 full-time equivalent posi-
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1 tions (end of year), of which $572,000 shall be transferred

2 to the General Fund of the District of Columbia.

3 STARPLEX FUND

4 For the Starplex Fund, $6,580,000 for the expenses in5 curred by the Armory Board in the exercise of its powers

6 granted by An Act To Establish a District of Columbia Ar7 mory Board, and for other purposes, approved June 4, 1948

8 (62 Stat. 339; D.C. Code, sec. 2–301 et seq.) and the District

9 of Columbia Stadium Act of 1957, approved September 7,

10 1957 (71 Stat. 619; Public Law 85–300; D. C. Code, sec.

11 2–321 et seq.): Provided, That the Mayor shall submit a

12 budget for the Armory Board for the forthcoming fiscal year

13 as required by section 442(b) of the District of Columbia

14 Self-Government and Governmental Reorganization Act,

15 approved December 24, 1973 (87 Stat. 824; Public Law 93–

16 198; D.C. Code, sec. 47–301(b)).

17 D.C. GENERAL HOSPITAL

18 For the District of Columbia General Hospital, estab19 lished by the Reorganization Order No. 57 of the Board of

20 Commissioners, effective August 15, 1953, $115,034,000, of

21 which $56,735,000 shall be derived by transfer from the gen22 eral fund.

23 D.C. RETIREMENT BOARD

24 For the D.C. Retirement Board, established by section

25 121 of the District of Columbia Comprehensive Retirement
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1 Reform Act of 1989, approved November 17, 1989 (93 Stat.

2 866; D.C. Code, sec. 1–711), $13,440,000 to pay legal, man3 agement, investment, and other fees and administrative ex4 penses of the District of Columbia Retirement Board and

5 11 full-time equivalent positions (end of year): Provided,

6 That the District of Columbia Retirement Board shall pro7 vide to the Congress and to the Council of the District of

8 Columbia a quarterly report of the allocations of charges

9 by fund and of expenditures of all funds: Provided further,

10 That the District of Columbia Retirement Board shall pro11 vide the Mayor, for transmittal to the Council of the Dis12 trict of Columbia, an item accounting of the planned use

13 of appropriated funds in time for each annual budget sub14 mission and the actual use of such funds in time for each

15 annual audited financial report.

16 CORRECTIONAL INDUSTRIES

17 For the Correctional Industries Fund, established by

18 the District of Columbia Correctional Industries Establish19 ment Act, approved October 3, 1964 (78 Stat. 1000; Public

20 Law 88–622), $10,516,000 and 66 full-time equivalent posi21 tions (end of year).

22 DISTRICT OF COLUMBIA FINANCIAL RESPONSIBILITY AND

23 MANAGEMENT ASSISTANCE AUTHORITY

24 For the District of Columbia Financial Responsibility

25 and Management Assistance Authority, established by sec-
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1 tion 101(a) of the District of Columbia Financial Respon2 sibility and Management Assistance Act of 1995, approved

3 April 17, 1995 (109 Stat. 97; Public Law 104–8),

4 $3,500,000.

5 WASHINGTON CONVENTION CENTER ENTERPRISE FUND

6 For the Washington Convention Center Enterprise

7 Fund, $37,957,000, of which $5,400,000 shall be derived by

8 transfer from the general fund.

9 PERSONAL SERVICES ADJUSTMENT

10 The Mayor, in consultation with the Council and the

11 District of Columbia Financial Responsibility and Man12 agement Assistance Authority, shall reduce appropriations

13 and expenditures for personal services costs in the amount

14 of $11,264,000 within one or several of the various appro15 priations headings in this Act.

16 GENERAL PROVISIONS

17 Sec. 101. The expenditure of any appropriation under

18 this Act for any consulting service through procurement

19 contract, pursuant to 5 U.S.C. 3109, shall be limited to

20 those contracts where such expenditures are a matter of pub21 lic record and available for public inspection, except where

22 otherwise provided under existing law, or under existing

23 Executive order issued pursuant to existing law.

24 Sec. 102. Except as otherwise provided in this Act, all

25 vouchers covering expenditures of appropriations contained
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1 in this Act shall be audited before payment by the des2 ignated certifying official and the vouchers as approved

3 shall be paid by checks issued by the designated disbursing

4 official.

5 Sec. 103. Whenever in this Act, an amount is specified

6 within an appropriation for particular purposes or objects

7 of expenditure, such amount, unless otherwise specified,

8 shall be considered as the maximum amount that may be

9 expended for said purpose or object rather than an amount

10 set apart exclusively therefor.

11 Sec. 104. Appropriations in this Act shall be available,

12 when authorized by the Mayor, for allowances for privately

13 owned automobiles and motorcycles used for the perform14 ance of official duties at rates established by the Mayor:

15 Provided, That such rates shall not exceed the maximum

16 prevailing rates for such vehicles as prescribed in the Fed17 eral Property Management Regulations 101–7 (Federal

18 Travel Regulations).

19 SEC. 105. Appropriations in this Act shall be available

20 for expenses of travel and for the payment of dues of organi21 zations concerned with the work of the District of Columbia

22 government, when authorized by the Mayor: Provided, That

23 the Council of the District of Columbia and the District

24 of Columbia Courts may expend such funds without author25 ization by the Mayor.
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1 SEC. 106. There are appropriated from the applicable

2 funds of the District of Columbia such sums as may be nec3 essary for making refunds and for the payment of judg4 ments that have been entered against the District of Colum5 bia government: Provided, That nothing contained in this

6 section shall be construed as modifying or affecting the pro7 visions of section 11(c)(3) of title XII of the District of Co8 lumbia Income and Franchise Tax Act of 1947, approved

9 March 31, 1956 (70 Stat. 78; Public Law 84–460; D.C.

10 Code, sec. 47–1812.11(c)(3)).

11 SEC. 107. Appropriations in this Act shall be available

12 for the payment of public assistance without reference to

13 the requirement of section 544 of the District of Columbia

14 Public Assistance Act of 1982, effective April 6, 1982 (D.C.

15 Law 4–101; D.C. Code, sec. 3–205.44), and for the non-Fed16 eral share of funds necessary to qualify for Federal assist17 ance under the Juvenile Delinquency Prevention and Con18 trol Act of 1968, approved July 31, 1968 (82 Stat. 462;

19 Public Law 90–445; 42 U.S.C. 3801 et seq.).

20 SEC. 108. No part of any appropriation contained in

21 this Act shall remain available for obligation beyond the

22 current fiscal year unless expressly so provided herein.

23 SEC. 109. No funds appropriated in this Act for the

24 District of Columbia government for the operation of edu25 cational institutions, the compensation of personnel, or for
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1 other educational purposes may be used to permit, encour2 age, facilitate, or further partisan political activities. Noth3 ing herein is intended to prohibit the availability of school

4 buildings for the use of any community or partisan politi5 cal group during non-school hours.

6 SEC. 110. The annual budget for the District of Colum7 bia government for the fiscal year ending September 30,

8 1997, shall be transmitted to the Congress no later than

9 April 15, 1996.

10 SEC. 111. None of the funds appropriated in this Act

11 shall be made available to pay the salary of any employee

12 of the District of Columbia government whose name, title,

13 grade, salary, past work experience, and salary history are

14 not available for inspection by the House and Senate Com15 mittees on Appropriations, the House Committee on Gov16 ernment Reform and Oversight, District of Columbia Sub17 committee, the Subcommittee on General Services, Federal18 ism, and the District of Columbia, of the Senate Committee

19 on Governmental Affairs, and the Council of the District

20 of Columbia, or their duly authorized representative: Pro21 vided, That none of the funds contained in this Act shall

22 be made available to pay the salary of any employee of the

23 District of Columbia government whose name and salary

24 are not available for public inspection.
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1 SEC. 112. There are appropriated from the applicable

2 funds of the District of Columbia such sums as may be nec3 essary for making payments authorized by the District of

4 Columbia Revenue Recovery Act of 1977, effective Septem5 ber 23, 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et

6 seq.).

7 SEC. 113. No part of this appropriation shall be used

8 for publicity or propaganda purposes or implementation of

9 any policy including boycott designed to support or defeat

10 legislation pending before Congress or any State legislature.

11 SEC. 114. At the start of the fiscal year, the Mayor

12 shall develop an annual plan, by quarter and by project,

13 for capital outlay borrowings: Provided, That within a rea14 sonable time after the close of each quarter, the Mayor shall

15 report to the Council of the District of Columbia and the

16 Congress the actual borrowing and spending progress com17 pared with projections.

18 SEC. 115. The Mayor shall not borrow any funds for

19 capital projects unless the Mayor has obtained prior ap20 proval from the Council of the District of Columbia, by reso21 lution, identifying the projects and amounts to be financed

22 with such borrowings.

23 SEC. 116. The Mayor shall not expend any moneys

24 borrowed for capital projects for the operating expenses of

25 the District of Columbia government.
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1 SEC. 117. None of the funds appropriated by this Act

2 may be obligated or expended by reprogramming except

3 pursuant to advance approval of the reprogramming grant4 ed according to the procedure set forth in the Joint Explan5 atory Statement of the Committee of Conference (House Re6 port No. 96–443), which accompanied the District of Co7 lumbia Appropriation Act, 1980, approved October 30,

8 1979 (93 Stat. 713; Public Law 96–93), as modified in

9 House Report No. 98–265, and in accordance with the

10 Reprogramming Policy Act of 1980, effective September 16,

11 1980 (D.C. Law 3–100; D.C. Code, sec. 47–361 et seq.): Pro12 vided, That for the fiscal year ending September 30, 1996

13 the above shall apply except as modified by Public Law

14 104–8.

15 SEC. 118. None of the Federal funds provided in this

16 Act shall be obligated or expended to provide a personal

17 cook, chauffeur, or other personal servants to any officer or

18 employee of the District of Columbia.

19 SEC. 119. None of the Federal funds provided in this

20 Act shall be obligated or expended to procure passenger

21 automobiles as defined in the Automobile Fuel Efficiency

22 Act of 1980, approved October 10, 1980 (94 Stat. 1824;

23 Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ24 mental Protection Agency estimated miles per gallon aver25 age of less than 22 miles per gallon: Provided, That this
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1 section shall not apply to security, emergency rescue, or ar2 mored vehicles.

3 SEC. 120. (a) Notwithstanding section 422(7) of the

4 District of Columbia Self-Government and Governmental

5 Reorganization Act of 1973, approved December 24, 1973

6 (87 Stat. 790; Public Law 93–198; D.C. Code, sec. 1–

7 242(7)), the City Administrator shall be paid, during any

8 fiscal year, a salary at a rate established by the Mayor,

9 not to exceed the rate established for level IV of the Execu10 tive Schedule under 5 U.S.C. 5315.

11 (b) For purposes of applying any provision of law lim12 iting the availability of funds for payment of salary or pay

13 in any fiscal year, the highest rate of pay established by

14 the Mayor under subsection (a) of this section for any posi15 tion for any period during the last quarter of calendar year

16 1995 shall be deemed to be the rate of pay payable for that

17 position for September 30, 1995.

18 (c) Notwithstanding section 4(a) of the District of Co19 lumbia Redevelopment Act of 1945, approved August 2,

20 1946 (60 Stat. 793; Public Law 79–592; D.C. Code, sec.

21 5–803(a)), the Board of Directors of the District of Colum22 bia Redevelopment Land Agency shall be paid, during any

23 fiscal year, per diem compensation at a rate established by

24 the Mayor.
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1 SEC. 121. Notwithstanding any other provisions of

2 law, the provisions of the District of Columbia Government

3 Comprehensive Merit Personnel Act of 1978, effective March

4 3, 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

5 enacted pursuant to section 422(3) of the District of Colum6 bia Self-Government and Governmental Reorganization Act

7 of 1973, approved December 24, 1973 (87 Stat. 790; Public

8 Law 93–198; D.C. Code, sec. 1–242(3)), shall apply with

9 respect to the compensation of District of Columbia employ10 ees: Provided, That for pay purposes, employees of the Dis11 trict of Columbia government shall not be subject to the pro12 visions of title 5 of the United States Code.

13 SEC. 122. The Director of the Department of Adminis14 trative Services may pay rentals and repair, alter, and im15 prove rented premises, without regard to the provisions of

16 section 322 of the Economy Act of 1932 (Public Law 72–

17 212; 40 U.S.C. 278a), upon a determination by the Direc18 tor, that by reason of circumstances set forth in such deter19 mination, the payment of these rents and the execution of

20 this work, without reference to the limitations of section

21 322, is advantageous to the District in terms of economy,

22 efficiency, and the District’s best interest.

23 SEC. 123. No later than 30 days after the end of the

24 first quarter of the fiscal year ending September 30, 1996,

25 the Mayor of the District of Columbia shall submit to the
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1 Council of the District of Columbia the new fiscal year 1996

2 revenue estimates as of the end of the first quarter of fiscal

3 year 1996. These estimates shall be used in the budget re4 quest for the fiscal year ending September 30, 1997. The

5 officially revised estimates at midyear shall be used for the

6 midyear report.

7 SEC. 124. Section 466(b) of the District of Columbia

8 Self-Government and Governmental Reorganization Act of

9 1973, approved December 24, 1973 (87 Stat. 806; Public

10 Law 93–198; D.C. Code, sec. 47–326), as amended, is

11 amended by striking ‘‘sold before October 1, 1995’’and in12 serting ‘‘sold before October 1, 1996’’.

13 SEC. 125. No sole source contract with the District of

14 Columbia government or any agency thereof may be re15 newed or extended without opening that contract to the

16 competitive bidding process as set forth in section 303 of

17 the District of Columbia Procurement Practices Act of 1985,

18 effective February 21, 1986 (D.C. Law 6–85; D.C. Code, sec.

19 1–1183.3), except that the District of Columbia Public

20 Schools may renew or extend sole source contracts for which

21 competition is not feasible or practical, provided that the

22 determination as to whether to invoke the competitive bid23 ding process has been made in accordance with duly pro24 mulgated Board of Education rules and procedures.
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1 SEC. 126. For purposes of the Balanced Budget and

2 Emergency Deficit Control Act of 1985, approved December

3 12, 1985 (99 Stat. 1037; Public Law 99–177), as amended,

4 the term ‘‘program, project, and activity’’ shall be synony5 mous with and refer specifically to each account appro6 priating Federal funds in this Act, and any sequestration

7 order shall be applied to each of the accounts rather than

8 to the aggregate total of those accounts: Provided, That se9 questration orders shall not be applied to any account that

10 is specifically exempted from sequestration by the Balanced

11 Budget and Emergency Deficit Control Act of 1985, ap12 proved December 12, 1985 (99 Stat. 1037; Public Law 99–

13 177), as amended.

14 SEC. 127. In the event a sequestration order is issued

15 pursuant to the Balanced Budget and Emergency Deficit

16 Control Act of 1985, approved December 12, 1985 (99 Stat.

17 1037; Public Law 99–177), as amended, after the amounts

18 appropriated to the District of Columbia for the fiscal year

19 involved have been paid to the District of Columbia, the

20 Mayor of the District of Columbia shall pay to the Sec21 retary of the Treasury, within 15 days after receipt of a

22 request therefor from the Secretary of the Treasury, such

23 amounts as are sequestered by the order: Provided, That the

24 sequestration percentage specified in the order shall be ap25 plied proportionately to each of the Federal appropriation
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1 accounts in this Act that are not specifically exempted from

2 sequestration by the Balanced Budget and Emergency Defi3 cit Control Act of 1985, approved December 12, 1985 (99

4 Stat. 1037; Public Law 99–177), as amended.

5 SEC. 128. For the fiscal year ending September 30,

6 1996, the District of Columbia shall pay interest on its

7 quarterly payments to the United States that are made

8 more than 60 days from the date of receipt of an itemized

9 statement from the Federal Bureau of Prisons of amounts

10 due for housing District of Columbia convicts in Federal

11 penitentiaries for the preceding quarter.

12 SEC. 129. Nothing in this Act shall be construed to

13 authorize any office, agency or entity to expend funds for

14 programs or functions for which a reorganization plan is

15 required but has not been approved by the Council pursuant

16 to section 422(12) of the District of Columbia Self-Govern17 ment and Governmental Reorganization Act of 1973, ap18 proved December 24, 1973 (87 Stat. 790; Public Law 93–

19 198; D.C. Code, sec. 1–242(12)) and the Governmental Re20 organization Procedures Act of 1981, effective October 17,

21 1981 (D.C. Law 4–42; D.C. Code, secs. 1–299.1 to 1–299.7).

22 Appropriations made by this Act for such programs or

23 functions are conditioned on the approval by the Council,

24 prior to October 1, 1995, of the required reorganization

25 plans.
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1 SEC 130. (a) An entity of the District of Columbia

2 government may accept and use a gift or donation during

3 fiscal year 1996 if—

4 (1) the Mayor approves the acceptance and use

5 of the gift or donation: Provided, That the Council of

6 the District of Columbia may accept and use gifts

7 without prior approval by the Mayor; and

8 (2) the entity uses the gift or donation to carry

9 out its authorized functions or duties.

10 (b) Each entity of the District of Columbia government

11 shall keep accurate and detailed records of the acceptance

12 and use of any gift or donation under subsection (a) of this

13 section, and shall make such records available for audit and

14 public inspection.

15 (c) For the purposes of this section, the term ‘‘entity

16 of the District of Columbia government’’ includes an inde17 pendent agency of the District of Columbia.

18 (d) This section shall not apply to the District of Co19 lumbia Board of Education, which may, pursuant to the

20 laws and regulations of the District of Columbia, accept

21 and use gifts to the public schools without prior approval

22 by the Mayor.

23 SEC. 131. None of the Federal funds provided in this

24 Act may be used by the District of Columbia to provide

25 for salaries, expenses, or other costs associated with the of-
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1 fices of United States Senator or United States Representa2 tives under section 4(d) of the District of Columbia State3 hood Constitutional Convention Initiatives of 1979, effective

4 March 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1–

5 113(d)).

6 SEC. 132. None of the Federal funds appropriated

7 under this Act shall be expended for any abortion except

8 when it is made known to the entity or official to which

9 funds are appropriated under this Act that such procedure

10 is necessary to save the life of the mother or that the preg11 nancy is the result of an act of rape or incest.

12 COMPENSATION FOR THE COMMISSION ON JUDICIAL DIS13 ABILITIES AND TENURE AND FOR THE JUDICIAL NOM14 INATION COMMISSION

15 SEC. 133. Sections 431(f) and 433(b)(5) of the District

16 of Columbia Self-Government and Governmental Reorga17 nization Act, approved December 24, 1973 (87 Stat. 813;

18 Public Law 93–198; D.C. Code, secs. 11–1524 and title II,

19 App. 433), are amended to read as follows:

20 (a) Section 431(f) (D.C. Code, sec. 11–1524) is

21 amended to read as follows:

22 ‘‘(f) Members of the Tenure Commission shall serve

23 without compensation for services rendered in connection

24 with their official duties on the Commission.’’.

25 (b) Section 433(b)(5)(title 11, App. 433) is

26 amended to read as follows:
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1 ‘‘(5) Member of the Commission shall serve with2 out compensation for services rendered in connection

3 with their official duties on the Commission.’’.

4 MULTIYEAR CONTRACTS

5 SEC. 134. Section 451 of the District of Columbia Self6 Government and Governmental Reorganization Act of 1973,

7 approved December 24, 1973 (87 Stat. 803; Public Law 93–

8 198; D.C. Code, sec. 1–1130), is amended by adding a new

9 subsection (c) to read as follows:

10 ‘‘(c)(1) The District may enter into multiyear con11 tracts to obtain goods and services for which funds would

12 otherwise be available for obligation only within the fiscal

13 year for which appropriated.

14 ‘‘(2) If the funds are not made available for the con15 tinuation of such a contract into a subsequent fiscal year,

16 the contract shall be cancelled or terminated, and the cost

17 of cancellation or termination may be paid from—

18 ‘‘(A) appropriations originally available for the

19 performance of the contract concerned;

20 ‘‘(B) appropriations currently available for pro21 curement of the type of acquisition covered by the

22 contract, and not otherwise obligated; or

23 ‘‘(C) funds appropriated for those payments.

24 ‘‘(3) No contract entered into under this section shall

25 be valid unless the Mayor submits the contract to the Coun26 cil for its approval and the Council approves the contract
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1 (in accordance with criteria established by act of the Coun2 cil). The Council shall be required to take affirmative action

3 to approve the contract within 45 calendar days. If no ac4 tion is taken to approve the contract within 45 calendar

5 days, the contract shall be deemed disapproved.’’.

6 CALCULATED REAL PROPERTY TAX RATE RESCISSION AND

7 REAL PROPERTY TAX FREEZE

8 SEC. 135. The District of Columbia Real Property Tax

9 Revision Act of 1974, approved September 3, 1974 (88 Stat.

10 1051; D.C. Code, sec. 47–801 et seq.), is amended as follows:

11 (1) Section 412 (D.C. Code, sec. 47–812) is

12 amended as follows:

13 (A) Subsection (a) is amended by striking

14 the third and fourth sentences and inserting the

15 following sentences in their place: ‘‘If the Council

16 does extend the time for establishing the rates of

17 taxation on real property, it must establish those

18 rates for the tax year by permanent legislation.

19 If the Council does not establish the rates of tax20 ation of real property by October 15, and does

21 not extend the time for establishing rates, the

22 rates of taxation applied for the prior year shall

23 be the rates of taxation applied during the tax

24 year.’’.

25 (B) A new subsection (a–2) is added to read

26 as follows:
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1 ‘‘(a–2) Notwithstanding the provisions of subsection

2 (a) of this section, the real property tax rates for taxable

3 real property in the District of Columbia for the tax year

4 beginning October 1, 1995, and ending September 30, 1996,

5 shall be the same rates in effect for the tax year beginning

6 October 1, 1993, and ending September 30, 1994.’’.

7 (2) Section 413(c) (D.C. Code, sec. 47–815(c)) is

8 repealed.

9 PRISONS INDUSTRIES

10 SEC. 136. Title 18 U.S.C. 1761(b) is amended by strik11 ing the period at the end and inserting the phrase ‘‘or not

12 for-profit organizations’’ in its place.

13 REPORTS ON REDUCTIONS

14 SEC. 137. Within 120 days of the effective date of this

15 Act, the Mayor shall submit to the Council a report delin16 eating the actions taken by the executive to effect the direc17 tives of the Council in this Act, including—

18 (1) negotiations with representatives of collective

19 bargaining units to reduce employee compensation;

20 (2) actions to restructure existing long-term city

21 debt;

22 (3) actions to apportion the spending reductions

23 anticipated by the directives of this Act to the execu24 tive for unallocated reductions; and

25 (4) a list of any position that is backfilled in26 cluding description, title, and salary of the position.
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1 MONTHLY REPORTING REQUIREMENTS—BOARD OF

2 EDUCATION

3 SEC. 138. The Board of Education shall submit to the

4 Congress, Mayor, and Council of the District of Columbia

5 no later than fifteen (15) calendar days after the end of

6 each month a report that sets forth—

7 (1) current month expenditures and obligations,

8 year-to-date expenditures and obligations, and total

9 fiscal year expenditure projections versus budget bro10 ken out on the basis of control center, responsibility

11 center, ARC, and object class, and for appropriated

12 funds, nonappropriated funds, and capital financing;

13 (2) a breakdown of FTE positions and staff for

14 the most current pay period broken out on the basis

15 of control center, responsibility center, and ARC with16 in each responsibility center, for appropriated funds,

17 nonappropriated funds, and capital funds;

18 (3) a list of each account for which spending is

19 frozen and the amount of funds frozen, broken out by

20 control center, responsibility center, detailed object,

21 and ARC, and for all funding sources;

22 (4) a list of all active contracts in excess of

23 $10,000 annually, which contains; the name of each

24 contractor; the budget to which the contract is charged

25 broken out on the basis of control center, responsibil-
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1 ity center, and ARC; and contract identifying codes

2 used by the District of Columbia Public Schools; pay3 ments made in the last month and year-to-date, the

4 total amount of the contract and total payments made

5 for the contract and any modifications, extensions, re6 newals; and specific modifications made to each con7 tract in the last month;

8 (5) all reprogramming requests and reports that

9 are required to be, and have been, submitted to the

10 Board of Education; and

11 (6) changes made in the last month to the orga12 nizational structure of the District of Columbia Pub13 lic Schools, displaying previous and current control

14 centers and responsibility centers, the names of the or15 ganizational entities that have been changed, the

16 name of the staff member supervising each entity af17 fected, and the reasons for the structural change.

18 MONTHLY REPORTING REQUIREMENT—UNIVERSITY OF THE

19 DISTRICT OF COLUMBIA

20 SEC. 139. The University of the District of Columbia

21 shall submit to the Congress, Mayor, and Council of the Dis22 trict of Columbia no later than fifteen (15) calendar days

23 after the end of each month a report that sets forth—

24 (1) current month expenditures and obligations,

25 year-to-date expenditures and obligations, and total

26 fiscal year expenditure projections versus budget bro-
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1 ken out on the basis of control center, responsibility

2 center, and object class, and for appropriated funds,

3 nonappropriated funds, and capital financing;

4 (2) a breakdown of FTE positions and all em5 ployees for the most current pay period broken out on

6 the basis of control center and responsibility center,

7 for appropriated funds, nonappropriated funds, and

8 capital funds.

9 (3) a list of each account for which spending is

10 frozen and the amount of funds frozen, broken out by

11 control center, responsibility center, detailed object,

12 and for all funding sources;

13 (4) a list of all active contracts in excess of

14 $10,000 annually, which contains: the name of each

15 contractor; the budget to which the contract is charged

16 broken out on the basis of control center and respon17 sibility center, and contract identifying codes used by

18 the University of the District of Columbia; payments

19 made in the last month and year-to-date, the total

20 amount of the contract and total payments made for

21 the contract and any modifications, extensions, re22 newals; and specific modifications made to each con23 tract in the last month;

24 (5) all reprogramming requests and reports that

25 have been made by the University of the District of
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1 Columbia within the last month in compliance with

2 applicable law; and

3 (6) changes made in the last month to the orga4 nizational structure of the University of the District

5 of Columbia, displaying previous and current control

6 centers and responsibility centers, the names of the or7 ganizational entities that have been changed, the

8 name of the staff member supervising each entity af9 fected, and the reasons for the structural change.

10 SEC. 140. None of the Federal funds appropriated

11 under this Act shall be used to implement or enforce any

12 system of registration of unmarried, cohabiting couples

13 whether they are homosexual, lesbian, heterosexual, includ14 ing but not limited to registration for the purpose of extend15 ing employment, health, or governmental benefits to such

16 couples on the same basis that such benefits are extended

17 to legally married couples; nor shall any funds made avail18 able pursuant to any provision of this Act otherwise be used

19 to implement or enforce D.C. Act 9–188, signed by the

20 Mayor of the District of Columbia on April 15, 1992.

21 ANNUAL REPORTING REQUIREMENTS

22 SEC. 141. (a) The Board of Education of the District

23 of Columbia and the University of the District of Columbia

24 shall annually compile an accurate and verifiable report

25 on the positions and employees in the public school system
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1 and the university, respectively. The annual report shall set

2 forth—

3 (1) the number of validated schedule A positions

4 in the District of Columbia Public Schools and the

5 University of the District of Columbia for fiscal year

6 1995, fiscal year 1996, and thereafter on full-time

7 equivalent basis, including a compilation of all posi8 tions by control center, responsibility center, funding

9 source, position type, position title, pay plan, grade,

10 and annual salary; and

11 (2) a compilation of all employees in the District

12 of Columbia Public Schools and the University of the

13 District of Columbia as of the preceding December 31,

14 verified as to its accuracy in accordance with the

15 functions that each employee actually performs, by

16 control center, responsibility center, agency reporting

17 code, program (including funding source), activity,

18 location for accounting purposes, job title, grade and

19 classification, annual salary, and position control

20 number.

21 (b) The annual report required by subsection (a) of

22 this section shall be submitted to the Congress, the Mayor

23 and Council of the District of Columbia, by not later than

24 February 8 of each year.
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1 ANNUAL BUDGETS AND BUDGET REVISIONS

2 SEC. 142. (a) Not later than October 1, 1995, or within

3 15 calendar days after the date of the enactment of the Dis4 trict of Columbia Appropriations Act, 1996, whichever oc5 curs first, and each succeeding year, the Board of Education

6 and the University of the District of Columbia shall submit

7 to the Congress, the Mayor, and Council of the District of

8 Columbia, a revised appropriated funds operating budget

9 for the public school system and the University of the Dis10 trict of Columbia for such fiscal year that is in the total

11 amount of the approved appropriation and that realigns

12 budgeted data for personal services and other than personal

13 services, respectively, with anticipated actual expenditures.

14 (b) The revised budget required by subsection (a) of

15 this section shall be submitted in the format of the budget

16 that the Board of Education and the University of the Dis17 trict of Columbia submit to the Mayor of the District of

18 Columbia for inclusion in the Mayor’s budget submission

19 to the Council of the District of Columbia pursuant to sec20 tion 442 of the District of Columbia Self-Government and

21 Governmental Reorganization Act, Public Law 93–198, as

22 amended (D.C. Code, sec. 47–301).

23 BUDGET APPROVAL

24 SEC. 143. The Board of Education, the Board of Trust25 ees of the University of the District of Columbia, the Board

26 of Library Trustees, and the Board of Governors of the D.C.
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1 School of Law shall vote on and approve their respective

2 annual or revised budgets before submission to the Mayor

3 of the District of Columbia for inclusion in the Mayor’s

4 budget submission to the Council of the District of Columbia

5 in accordance with section 442 of the District of Columbia

6 Self-Government and Governmental Reorganization Act,

7 Public Law 93–198, as amended (D.C. Code, sec. 47–301),

8 or before submitting their respective budgets directly to the

9 Council.

10 PUBLIC SCHOOL EMPLOYEE EVALUATIONS

11 SEC. 144. Notwithstanding any other provision of law,

12 rule, or regulation, the evaluation process and instruments

13 for evaluating District of Columbia Public Schools employ14 ees shall be a non-negotiable item for collective bargaining

15 purposes.

16 POSITION VACANCIES

17 SEC. 145. (a) No agency, including an independent

18 agency, shall fill a position wholly funded by appropria19 tions authorized by this Act, which is vacant on October

20 1, 1995, or becomes vacant between October 1, 1995, and

21 September 30, 1996, unless the Mayor or independent agen22 cy submits a proposed resolution of intent to fill the vacant

23 position to the Council. The Council shall be required to

24 take affirmative action on the Mayor’s resolution within 30

25 legislative days. If the Council does not affirmatively ap-
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1 prove the resolution within 30 legislative days, the resolu2 tion shall be deemed disapproved.

3 (b) No reduction in the number of full-time equivalent

4 positions or reduction-in-force due to privatization or con5 tracting out shall occur if the District of Columbia Finan6 cial Responsibility and Management Assistance Authority,

7 established by section 101(a) of the District of Columbia

8 Financial Responsibility and Management Assistance Act

9 of 1995, approved April 17, 1995 (109 Stat. 97; Public Law

10 104–8), disallows the full-time equivalent position reduction

11 provided in this Act in meeting the maximum ceiling of

12 39,778 for the fiscal year ending September 30, 1996.

13 (c) This section shall not prohibit the appropriate per14 sonnel authority from filling a vacant position with a Dis15 trict government employee currently occupying a position

16 that is funded with appropriated funds.

17 (d) This section shall not apply to local school-based

18 teachers, school-based officers, or school-based teachers’

19 aides.

20 CAPITAL PROJECT EMPLOYEES

21 SEC. 146. (a) Not later than 15 days after the end of

22 every fiscal quarter (beginning October 1, 1995), the Mayor

23 shall submit to the Council and the Committees on Appro24 priations of the Senate and House of Representatives a re25 port with respect to the employees on the capital project

26 budget for the previous quarter.
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1 (b) Each report submitted pursuant to subsection (a)

2 of this section shall include the following information—

3 (1) a list of all employees by position, title,

4 grade and step;

5 (2) a job description, including the capital

6 project for which each employee is working;

7 (3) the date that each employee began working

8 on the capital project and the ending date that each

9 employee completed or is projected to complete work

10 on the capital project; and

11 (4) a detailed explanation justifying why each

12 employee is being paid with capital funds.

13 MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN14 FORCE PROCEDURES

15 SEC. 147. The District of Columbia Government Com16 prehensive Merit Personnel Act of 1978, effective March 3,

17 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

18 is amended as follows:

19 (a) Section 301 (D.C. Code, sec. 1.603.1) is

20 amended as follows:

21 (1) A new paragraph (13A) is added to

22 read as follows:

23 ‘‘(13A) ‘Nonschool-based personnel’ means any

24 employee of the District of Columbia Public Schools

25 who is not based at a local school or who does not

26 provide direct services to individual students.’’.
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1 (2) A new paragraph (15A) is added to

2 read as follows:

3 ‘‘(15A) ‘School administrators’ means prin4 cipals, assistant principals, school program directors,

5 coordinators, instructional supervisors, and support

6 personnel of the District of Columbia Public

7 Schools.’’.

8 (b) Section 801A(b)(2) (D.C. Code, sec.

9 1–609.1(b) (2 )) is amended as follows:

10 (1) By striking the semicolon at the end of

11 subparagraph (L).

12 (2) By adding a new subparagraph (L–i) to

13 read as follows:

14 ‘‘(L–i) Notwithstanding any other provision

15 of law, the Board of Education shall not issue

16 rules that require or permit nonschool-based per17 sonnel or school administrators to be assigned or

18 reassigned to the same competitive level as class19 room teachers;’’

20 (c) Section 2402 (D.C. Code, sec. 1–625.2) is

21 amended by adding a new subsection (f) to read as

22 follows:

23 ‘‘(f) Notwithstanding any other provision of law, the

24 Board of Education shall not require or permit non-school

25 based personnel or school administrators to be assigned or
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1 reassigned to the same competitive level as classroom teach2 ers.’’.

3 SEC. 148. (a) Notwithstanding any other provision of

4 law, rule, or regulation, an employee of the District of Co5 lumbia Public Schools shall be—

6 (1) classified as an Educational Service em7 ployee;

8 (2) placed under the personnel authority of the

9 Board of Education; and

10 (3) subject to all Board of Education rules.

11 (b) School-based personnel shall constitute a separate

12 competitive area from non-school based personnel who shall

13 not compete with school-based personnel for retention pur14 poses.

15 MODIFICATION OF REDUCTION-IN-FORCE PROCEDURES

16 SEC. 149. The District of Columbia Government Com17 prehensive Merit Personnel Act of 1978, effective March 3,

18 1979 (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et seq.),

19 is amended as follows:

20 (a) Section 2401 (D.C. Code, sec. 1–625.1) is

21 amended by amending the third sentence to read as

22 follows: ‘‘A personnel authority may establish lesser

23 competitive areas within an agency on the basis of all

24 or a clearly identifiable segment of an agency’s mis25 sion or a division or major subdivision of an agen26 cy.’’.
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1 (b) A new section 2406 is added to read as fol2 lows:

3 ‘‘SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR

4 1996.

5 ‘‘(a) Notwithstanding any other provision of law, regu6 lation, or collective bargaining agreement either in effect

7 or to be negotiated while this legislation is in effect for the

8 fiscal year ending September 30, 1996, each agency head

9 is authorized, within the agency head’s discretion, to iden10 tify positions for abolishment.

11 ‘‘(b) Prior to February 1, 1996, each personnel author12 ity shall make a final determination that a position within

13 the personnel authority is to be abolished.

14 ‘‘(c) Notwithstanding any rights or procedures estab15 lished by any other provision of this title, any District gov16 ernment employee, regardless of date of hire, who encumbers

17 a position identified for abolishment shall be separated

18 without competition or assignment rights, except as pro19 vided in this section.

20 ‘‘(d) An employee effected by the abolishment of a posi21 tion pursuant to this section who, but for this section would

22 be entitled to compete for retention, shall be entitled to one

23 round of lateral competition pursuant to Chapter 24 of the

24 District of Columbia Personnel Manual, which shall be lim25 ited to positions in the employee’s competitive level.
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1 ‘‘(e) Each employee who is a bona fide resident of the

2 District of Columbia shall have added 5 years to his or her

3 creditable service for reduction-in-force purposes. For pur4 poses of this subsection only, a nonresident District em5 ployee who was hired by the District government prior to

6 January 1, 1980, and has not had a break in service since

7 that date, or a former employee of the U.S. Department of

8 Health and Human Services at Saint Elizabeths Hospital

9 who accepted employment with the District government on

10 October 1, 1987, and has not had a break in service since

11 that date, shall be considered a District resident.

12 ‘‘(f) Each employee selected for separation pursuant to

13 this section shall be given written notice of at least 30 days

14 before the effective date of his or her separation.

15 ‘‘(g) Neither the establishment of a competitive area

16 smaller than an agency, nor the determination that a spe17 cific position is to be abolished, nor separation pursuant

18 to this section shall be subject to review except as follows:

19 ‘‘(1) An employee may file a complaint contest20 ing a determination or a separation pursuant to title

21 XV of this Act or section 303 of the Human Rights

22 Act of 1977, effective December 13, 1977 (D.C. Law

23 2–38; D.C. Code, sec. 1–2543); and

24 ‘‘(2) An employee may file with the Office of

25 Employee Appeals an appeal contesting that the sepa-
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1 ration procedures of subsections (d) and (f) of this

2 section were not properly applied.

3 ‘‘(h) An employee separated pursuant to this section

4 shall be entitled to severance pay in accordance with title

5 XI of this Act, except that the following shall be included

6 in computing creditable service for severance pay for em7 ployees separated pursuant to this section:

8 ‘‘(1) Four years for an employee who qualified

9 for veteran’s preference under this Act, and

10 ‘‘(2) Three years for an employee who qualified

11 for residency preference under this Act.

12 ‘‘(i) Separation pursuant to this section shall not af13 fect an employee’s rights under either the Agency Reemploy14 ment Priority Program or the Displaced Employee Pro15 gram established pursuant to Chapter 24 of the District

16 Personnel Manual.

17 ‘‘(j) The Mayor shall submit to the Council a listing

18 of all positions to be abolished by agency and responsibility

19 center by March 1, 1996, or upon the delivery of termi20 nation notices to individual employees.

21 ‘‘(k) Notwithstanding the provisions of section 1708 or

22 section 2402(d), the provisions of this act shall not be

23 deemed negotiable.

24 ‘‘(l) A personnel authority shall cause a 30-day termi25 nation notice to be served, no later than September 1, 1996,
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1 on any incumbent employee remaining in any position

2 identified to be abolished pursuant to subsection (b) of this

3 section.’’.

4 DELAY IN CONVEYANCE OF PROPERTY TO COLUMBIA HOS5 PITAL FOR WOMEN FOR NATIONAL WOMEN’S HEALTH

6 RESOURCE CENTER

7 SEC. 150. Effective as if included in the enactment of

8 Public Law 103–67, section 1(c)(1) of Public Law 103–67

9 (107 Stat. 687) is amended by striking ‘‘1 year’’ and insert10 ing ‘‘3 years’’.

11 This title may be cited as the ‘‘District of Columbia

12 Appropriations Act, 1996’’.

13 TITLE II—DISTRICT OF COLUM14 BIA SCHOOLS IMPROVEMENT

15 ACT

16 Subtitle A—Establishment and Or17 ganization of Commission on

18 Consensus Reform in the District

19 of Columbia Public Schools

20 SEC. 201. DEFINITIONS.

21 For purposes of this subtitle—

22 (1) COMMISSION.—The term ‘‘Commission’’

23 means the Commission on Consensus Reform in the

24 District of Columbia Public Schools.
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1 (2) BOARD OF EDUCATION OR BOARD.—The term

2 ‘‘Board of Education’’ or ‘‘Board’’ means the Board

3 of Education of the District of Columbia.

4 (3) AUTHORITY.—The term ‘‘Authority’’ means

5 the District of Columbia Financial Responsibility

6 and Management Assistance Authority.

7 (4) EDUCATIONAL PLAN.—The term ‘‘Edu8 cational Plan’’ means the System-Wide Educational

9 Reform Goals and Objectives Plan developed and im10 plemented under this Act.

11 (5) MAYOR.—The term ‘‘Mayor’’ means the

12 Mayor of the District of Columbia.

13 (6) COUNCIL.—The term ‘‘Council’’ means the

14 Council of the District of Columbia.

15 SEC. 202. COMMISSION ON CONSENSUS REFORM IN THE

16 DISTRICT OF COLUMBIA PUBLIC SCHOOLS.

17 (a) ESTABLISHMENT.—

18 (1) IN GENERAL.—There is hereby established the

19 Commission on Consensus Reform in the District of

20 Columbia Public Schools, consisting of 7 members to

21 be appointed in accordance with paragraph (2).

22 (2) MEMBERSHIP.—The Commission shall con23 sist of the following members:
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1 (A) 1 member to be appointed by the Presi2 dent chosen from a list of 3 proposed members

3 submitted by the Majority Leader of the Senate;

4 (B) 1 member to be appointed by the Presi5 dent chosen from a list of 3 proposed members

6 submitted by the Speaker of the House of Rep7 resentatives;

8 (C) 2 members to be appointed by the Presi9 dent, 1 who shall represent the local business

10 community and 1 who is a teacher in the Dis11 trict of Columbia public schools.

12 (D) The President of the District of Colum13 bia Congress of Parents and Teachers.

14 (E) The President of the District of Colum15 bia Board of Education.

16 (F) The Superintendent of Public Schools of

17 the District of Columbia.

18 (G) The Mayor and Council Chairman shall

19 each name one non-voting ex-officio member.

20 (H) The Chief of the National Guard Bu21 reau who shall be an ex officio member.

22 (3) TERMS OF SERVICE.—The members of the

23 Commission appointed under subparagraphs (A), (B),

24 and (C) of paragraph (2) shall appointed for a term

25 of 3 years.
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1 (4) VACANCIES.—Any vacancy in the member2 ship of the Commission shall be filled by the appoint3 ment of a new member in the same manner as pro4 vided for the vacated membership. A member ap5 pointed under this paragraph shall serve the remain6 ing term of the vacated membership.

7 (5) QUALIFICATIONS.—Members of the Commis8 sion appointed under subparagraphs (A), (B), and

9 (C) of paragraph (2) shall be city residents with a

10 knowledge of education.

11 (6) CHAIR.—The chair of the Commission shall

12 be chosen by the Commission from among its mem13 bers, except that the President of the Board of Edu14 cation and the Superintendent of Public Schools shall

15 not be eligible to serve as chair.

16 (7) NO COMPENSATION FOR SERVICE.—Members

17 of the Commission shall serve without pay, but may

18 receive reimbursement for any reasonable and nec19 essary expenses incurred by reason of service on the

20 Commission.

21 (b) EXECUTIVE DIRECTOR.—The Commission shall

22 have an Executive Director who shall be appointed by the

23 Chair with the consent of the Commission. The Executive

24 Director shall be paid at a rate determined by the Commis-
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1 sion, except that such rate may not exceed the highest rate

2 of pay payable for level EG16 of the Educational Service.

3 (c) STAFF.—With the approval of the Chair, the Exec4 utive Director may appoint and fix the pay of additional

5 personnel as the Executive Director considers appropriate,

6 except that no individual appointed by the Executive Direc7 tor may be paid at a rate greater than the rate of pay for

8 the Executive Director.

9 (d) The Board shall reprogram such funds, as the

10 chairman of the Commission shall in writing request, from

11 amounts available to the Board.

12 SEC. 203. GENERAL POWERS.

13 (a) IN GENERAL.—The Commission shall have the fol14 lowing powers:

15 (1) Financial control over the District of Colum16 bia public schools exercised through the Authority.

17 (2) To approve and monitor the development

18 and implementation of the Board’s Educational Plan.

19 (3) To exercise its authority, as provided in this

20 subtitle, as necessary to facilitate implementation of

21 the Board’s Educational Plan.

22 (4) To promulgate rules concerning the manage23 ment and direction of the Board, as deemed nec24 essary, to address obstacles to the development or im25 plementation of the Educational Plan.
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1 (b) LIMITATION.—Except as otherwise provided in this

2 subtitle, the Commission shall have no powers to involve

3 itself in the management or operation of the Board in the

4 implementation of the Educational Plan.

5 SEC. 204. SYSTEM-WIDE EDUCATIONAL REFORM GOALS AND

6 OBJECTIVES PLAN.

7 (a) BOARD PLAN.—The Board shall develop, adopt,

8 and submit to the Commission on or before March 1, 1996,

9 a System-Wide Educational Reform Goals and Objectives

10 Plan with respect to the 1996–1997 school year. Thereafter,

11 the Board shall develop, adopt and submit to the Commis12 sion on or before March 1 of each year an Educational Plan

13 for the coming school year. The Board shall have an Edu14 cational Plan for every year.

15 (b) COMMISSION APPROVAL.—The Commission shall

16 approve or reject, in whole or in part, the Educational Plan

17 submitted to it by the Board within 30 days of its receipt.

18 No Educational Plan shall have force or effect without ap19 proval of the Commission.

20 (c) DEVELOPMENT AND CENTERS FOR APPROVAL

21 PLAN.—Each Educational Plan shall be developed, submit22 ted, approved, and monitored in accordance with the follow23 ing procedures:

24 (1) Each Educational Plan shall include specific

25 provisions designed to accomplish the following objec-
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1 tives and reflect the cumulative effect of the Local

2 School Restructuring Team (LSRT) in terms of stu3 dent needs, financial requirements, and timeliness for

4 implementation:

5 (A) To ensure, to the extent possible with

6 available categorical funds designated for this

7 purpose, the provision of education services to all

8 eligible children for the 1997–1998 school year

9 and thereafter.

10 (B) To increase the level of parental in11 volvement in the education of their children.

12 (C) To enhance the range of authority, re13 sponsibility, and accountability of principals.

14 (D) To restructure the relationship of the

15 Board and its administrative staff to local

16 schools so that the relationship is characterized

17 by less centralized control.

18 (E) To ensure that all personnel have access

19 to appropriate training opportunities.

20 (F) To ensure the provision of sufficient

21 staff and facility resources for compliance with

22 court orders.

23 (G) To ensure the equitable distribution

24 among the schools and programs of funds budg-
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1 eted by the Board in accordance with applicable

2 laws, rules and regulations.

3 (H) To ensure that more schools are given

4 the opportunity to operate with more autonomy.

5 (I) To ensure a new, fair, demanding eval6 uation process and more and better opportunities

7 for teacher preparation.

8 (J) To generate a sense of urgency in the

9 business and philanthropic community and en10 list them in targeted support for very particular,

11 concrete school reform goals.

12 (K) To address the school governance issue,

13 and to recommend, within 1 year from the date

14 of the appointment of the members of the Com15 mission constituting a quorum, to the Council,

16 the Mayor, and the relevant committees of the

17 Congress an alternative to the current structure

18 that will eliminate the division of responsibility

19 and accountability among the Board of Edu20 cation, the District Council and the Mayor.

21 (2) Each Educational Plan shall include specific

22 provisions to ensure the best possible utilization of

23 public school space, including provisions—

24 (A) to prepare a plan for adaptive reuse of

25 schools and consolidation;
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1 (B) to develop a five-year capital improve2 ment plan to carry out an approved facilities

3 master plan which provides for a system-wide

4 modernization of public schools;

5 (C) to institute management systems to sup6 port the implementation of the capital plan, in

7 consultation and cooperation with the Mayor

8 and Authority; and

9 (D) to identify and develop revenue sources

10 for the approved capital improvement plan.

11 SEC. 205. ELEMENTS OF THE SYSTEM-WIDE EDUCATIONAL

12 REFORM GOALS AND OBJECTIVES PLAN.

13 (a) PLAN GOALS.—Each Educational Plan shall con14 tain a detailed description, including estimates of financial

15 costs and expected dates of completion, of—

16 (1) the Board’s school reform goals and objec17 tives;

18 (2) the Board’s strategy for implementing its

19 school reform goals and objectives;

20 (3) the Board’s plans and strategy for imple21 menting applicable District laws enacted to affect

22 school reform;

23 (4) the Board’s strategy for developing and im24 plementing district-wide guidelines, rules, and proce25 dures with respect to local school decision making as
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1 provided by applicable District law enacted as part

2 of any school reform legislation;

3 (5) the Board’s goals and objectives for the 2-

4 year period subsequent to the school year for which

5 the Educational Plan applies, as prescribed by the

6 Commission; and

7 (6) such other information and detail as may be

8 prescribed by the Commission.

9 (b) STANDARDS AND PROCEDURES.—The Commission

10 may prescribe any reasonable time, standards, procedures,

11 or forms for preparation and submission of the Educational

12 Plan.

13 (c) APPROVAL CRITERIA.—The Commission shall ap14 prove an Educational Plan submitted by the Board if, in

15 the Commission’s judgment, the Educational Plan is—

16 (1) complete;

17 (2) reasonably capable of being achieved;

18 (3) supported by demonstrably sufficient and

19 available funding;

20 (4) responsive to any Commission directives or

21 requirements;

22 (5) consistent with applicable District laws en23 acted to affect school reform; and

24 (6) reasonably capable of achieving substantial

25 progress toward improving the educational achieve-
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1 ment of the students and is consistent with the Bring2 ing Educational Services to Students (BESST) agen3 da, the District of Columbia Reform Agenda, and the

4 District of Columbia Public Schools Goals 2000 Plan.

5 (d) REJECTION AND REVISION.—If the Commission re6 jects an Educational Plan submitted by the Board, the

7 Commission may prescribe a procedure and standards for

8 revision and resubmission of the Educational Plan by the

9 Board. If, within 60 days after the Commission notifies the

10 Board of the Commission’s rejection of the Board’s Edu11 cational Plan and of the procedures and standards for revi12 sion and resubmission, the Board fails to approve and re13 submit a revised plan acceptable to the Commission, the

14 Commission may make revisions and adopt a final Edu15 cational Plan and direct the Superintendent to implement.

16 (e) REPORTING REQUIREMENTS.—The Board shall re17 port to the Commission, at such times and in such manner

18 as the Commission may direct, concerning the Board’s im19 plementation of each approved Educational Plan. The Com20 mission may review the Board’s operations, obtain edu21 cational and financial data, require the Board to produce

22 reports, and have access to any other information in the

23 possession of the Board that it deems relevant. The Commis24 sion may issue recommendations or directives within its

25 powers to the Board for the implementation of the approved
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1 Educational Plan. The Board shall produce such reports

2 and other information and comply with such directives.

3 (f) NOTICE OF MODIFICATION.—After approval of each

4 Educational Plan, the Board shall promptly notify the

5 Commission of any material change in any matter con6 tained in the approved Educational Plan. The Board may

7 submit to the Commission or the Commission may require

8 the Board to submit, a modified Educational Plan based

9 upon revised information. The Commission shall approve

10 or reject each modified Educational Plan pursuant to sub11 section (c).

12 SEC. 206. CONSISTENCY WITH SYSTEM-WIDE EDUCATIONAL

13 REFORM GOALS AND OBJECTIVES PLAN.

14 (a) LIMITS ON CONTRACTING.—The Board shall not

15 enter into any contract, agreement, or other obligation un16 less it is consistent with the Educational Plan in effect.

17 (b) COMMISSION AUTHORITY OVER CONTRACTING.—

18 The Commission shall have no power to impair any exist19 ing contract or obligation of the Board; except, however,

20 that the Commission may direct the Board to modify or

21 amend the Board rules or policies that the Commission

22 deems necessary to facilitate development or implementa23 tion of the Educational Plan.

24 (c) REVIEW OF CONTRACTS.—The Commission may

25 request that the Authority review proposed or existing con-
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1 tracts or leases pursuant to section 203(b) of the District

2 of Columbia Financial Responsibility and Management As3 sistance Act of 1995 (Public Law 104–8; 109 Stat. 118).

4 SEC. 207. EDUCATIONAL PERFORMANCE AUDITS.

5 The Commission may examine and audit records of

6 the Board or require the Board to examine and audit its

7 records at such time and in such manner as the Commis8 sion may prescribe to assure, monitor, and evaluate the per9 formance of the Board with respect to compliance with an

10 approved Educational Plan and its overall educational

11 achievement. The Commission shall conduct an annual

12 audit of the educational performance of the Board with re13 spect to meeting the goals of the Educational Plan for such

14 year. The audit technique, content, and procedures shall be

15 determined by the Commission. The Board shall cooperate

16 and assist in the audit as requested by the Commission.

17 SEC. 208. INVESTIGATIVE POWERS.

18 The Commission may investigate any action or activ19 ity which may hinder the progress of any part of an ap20 proved Educational Plan. The Board shall cooperate and

21 assist the Commission in any investigation. Reports of the

22 findings of any such investigation shall be provided to the

23 Board, Superintendent of the District of Columbia Public

24 Schools, the Mayor, the Council, the Authority, the Commit-
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1 tees on Appropriations of the Senate and House of Rep2 resentatives.

3 SEC. 209. RECOMMENDATIONS OF THE COMMISSION.

4 (a) IN GENERAL.—The Commission may at any time

5 submit recommendations to the Board, Mayor, the Council,

6 and the Congress on actions the District government or the

7 Federal Government should take to ensure implementation

8 of the approved Educational Plan.

9 (b) RESPONSE TO RECOMMENDATIONS FOR ACTIONS

10 WITHIN AUTHORITY OF THE BOARD OF EDUCATION.—

11 (1) IN GENERAL.—In the case of any rec12 ommendations submitted under subsection (a) which

13 are within the authority of the District of Columbia

14 government to adopt, not later than 90 days after re15 ceiving the recommendations, the Board, shall submit

16 a statement to the Commission which provides notice

17 as to whether the Board will adopt the recommenda18 tions.

19 (2) IMPLEMENTATION PLAN REQUIRED FOR

20 ADOPTED RECOMMENDATIONS.—If the Board notifies

21 the Commission under paragraph (1) that the Board

22 will adopt any of the recommendations submitted

23 under subsection (a), the Board shall include in the

24 statement a written plan to implement the rec25 ommendation which includes—
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1 (A) specific performance measures to deter2 mine the extent to which the Board has adopted

3 the recommendation; and

4 (B) a schedule for auditing the Board’s

5 compliance with the plan.

6 (3) EXPLANATIONS REQUIRED FOR REC7 OMMENDATIONS NOT ADOPTED.—If the Board notifies

8 the Commission under paragraph (1) that the Board

9 will not adopt any recommendation submitted under

10 subsection (a) which the Board has authority to

11 adopt, the Board shall include in the statement expla12 nations for the rejection of the recommendations.

13 (4) COMMISSION REACTION TO NONRESPONSE

14 FROM BOARD OR REJECTION OF RECOMMENDATION.—

15 (A) In the instance where there is no response from

16 the Board at the end of 90 days the Commission shall

17 immediately notify, including the written rec18 ommendation submitted under subsection (a) to the

19 Board, the other elements of the District of Columbia

20 government and the Committee on Governmental Af21 fairs of the Senate, the Committee on Government Re22 form and Oversight of the House of Representatives,

23 and the Committees on Appropriations of the Senate

24 and the House of Representatives.
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1 (B) The Commission may then direct the Super2 intendent to carry out such recommendation.

3 SEC. 210. VACANCY IN SUPERINTENDENT OF PUBLIC

4 SCHOOLS.

5 (a) Notwithstanding any other provision of law, the

6 Board shall notify the Commission within 10 days of the

7 occurrence of a vacancy in the Superintendent of Public

8 Schools.

9 (b) Upon receipt of the notice described in (a) the Com10 mission shall, as soon as is practicable, conduct a search

11 for candidates for the office of Superintendent of Public

12 Schools and submit the names of 3 candidates to the Board.

13 (c) Within 30 days of the receipt of the names described

14 in (b) the Board shall choose one to be the Superintendent

15 of the District of Columbia Public Schools.

16 SEC. 211. IMPROVING ORDER AND DISCIPLINE.

17 (a) DRESS CODE.—

18 (1) IN GENERAL.—Not later than the first day of

19 the 1996-1997 school year, the Commission shall de20 velop and implement, through the Board of Education

21 and the Superintendent of Schools, a uniform dress

22 code for the District of Columbia Public Schools.

23 (2) CONSIDERATIONS.—The dress code—

24 (A) shall include a prohibition of gang

25 membership symbols;
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1 (B) shall take into account the relative costs

2 of any policy for each student; and

3 (C) may include a requirement that stu4 dents wear uniforms.

5 (b) COMMUNITY SERVICE REQUIREMENT FOR SUS6 PENDED STUDENTS.—

7 (1) IN GENERAL.—Any student suspended from

8 classes at a District of Columbia Public School who

9 is required to serve the suspension outside the school

10 shall perform community service for the period of sus11 pension. The community service required by this sub12 section shall be subject to rules and regulations pro13 mulgated by the Mayor.

14 (2) EFFECTIVE DATE.—This subsection shall take

15 effect beginning on the first day of the 1996-1997

16 school year.

17 (c) EXPIRATION DATE.—This section and the member18 ship provided in section 202(a)(2)(H) shall expire on the

19 last day of the 1997–1998 school year.

20 (d) REPORT.—The Commission shall study the effec21 tiveness of the policies implemented pursuant to this section

22 in improving order and discipline in schools and report

23 its findings to the appropriate committees of Congress 60

24 days before the last day of the 1997–1998 school year.
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1 SEC. 212. EXPIRATION DATE.

2 This subtitle shall expire on September 30, 2016.

3 Subtitle B—Charter Schools

4 SEC. 213. PURPOSE.

5 The purpose of this subtitle is to permit the District

6 of Columbia to establish charter schools to improve the edu7 cation of students and encourage community involvement

8 in education.

9 SEC. 214. DEFINITIONS.

10 For purposes of this subtitle—

11 (1) CHARTER SCHOOL.—The term ‘‘charter

12 school’’ means a public school that—

13 (A) operates under a charter granted for a

14 period of 5 years by the Commission on Consen15 sus Reform in the District of Columbia Public

16 Schools or the Board of Education of the District

17 of Columbia and functions independently of the

18 D.C. Public Schools as a local education agency

19 and is exempted from significant local rules that

20 inhibit the flexible operation and management of

21 public schools, but not from any rules relating to

22 other requirements under this subtitle;

23 (B) is created by a developer as a public

24 school, or is adapted by a developer from an ex25 isting public school, or an existing non-Public
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1 School, and is operated under public supervision

2 and direction;

3 (C) operates in pursuit of a specific set of

4 educational objectives determined by the school’s

5 developer and agreed to by the authorized public

6 chartering agency;

7 (D) provides a program of elementary or

8 secondary or both;

9 (E) is nonsectarian in its programs, admis10 sions policies, employment practices, and all

11 other operations, and is not affiliated with a sec12 tarian school or religious institution;

13 (F) does not charge tuition;

14 (G) is governed by a Board of Trustees;

15 (H) complies with the Age Discrimination

16 Act of 1975, title VI of the Civil Rights Act of

17 1964, title IX of the Education Amendments of

18 1972, section 504 of the Rehabilitation Act of

19 1973, and part B of the Individuals With Dis20 abilities Education Act;

21 (I) admits students on the basis of a lottery,

22 if more students apply for admission than can

23 be accommodated;

24 (J) agrees to comply with the same Federal

25 and District of Columbia audit requirements as
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1 do other elementary and secondary schools in the

2 District of Columbia, unless such requirements

3 are specifically waived for the purpose of this

4 program; and

5 (K) meets all applicable Federal and local

6 health and safety requirements.

7 (2) DEVELOPER.—The term ‘‘developer’’ means

8 an individual or group of individuals (including a

9 public or private organization) which may include

10 teachers, administrators and other school staff, par11 ents, or other members of the local community in

12 which a charter school project will be carried out.

13 (3) ELIGIBLE APPLICANT.—The term ‘‘eligible

14 applicant’’ means an authorized public chartering

15 agency participating in a partnership with a devel16 oper to establish a charter school.

17 (4) PUBLIC CHARTERING AGENCY.—The term

18 ‘‘public chartering agency’’ means the Commission on

19 Consensus Public School Reform and the District of

20 Columbia Board of Education.

21 SEC. 215. APPLICATION.

22 (a) IN GENERAL.—A petition for a public school char23 ter shall be a written proposed agreement between an eligi24 ble applicant seeking to establish a public charter school

25 and an eligible chartering agency.
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1 (b) CONTENTS OF APPLICATION.—The application

2 shall contain—

3 (1) a description of the objectives of the Local

4 Educational Agency’s charter school grant program

5 and a description of how such objectives will be ful6 filled, including steps taken by the local educational

7 agency to inform teachers, parents, and communities

8 of the local educational agency’s charter school grant

9 program;

10 (2) a description of how the program will enable

11 all students to meet challenging student performance

12 standards as established by the local educational

13 agency;

14 (3) the grade levels or ages of children to be

15 served;

16 (4) the curriculum and instructional practices to

17 be used;

18 (5) a description as to how the charter school

19 will be managed;

20 (6) a description of the charter school’s objectives

21 and the methods by which the charter school will de22 termine its progress toward achieving those objectives;

23 (7) a description of the administrative relation24 ship between the charter school and the authorized

25 public chartering agency;
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1 (8) a description of how parents and other mem2 bers of the community will be involved in the design

3 and implementation of the charter school;

4 (9) a request and justification for waivers of any

5 Federal statutory or regulatory provisions that the

6 applicant believes are necessary for the successful op7 eration of the charter school, and a description of any

8 local rules, generally applicable to public schools, that

9 will be waived for, or otherwise not apply, to the

10 school;

11 (10) a description of how students in the commu12 nity will be informed about the charter school and

13 given an equal opportunity to attend the charter

14 school; and

15 (11) an assurance that the eligible applicant will

16 annually provide the Secretary of Education, the

17 Congress, and the local educational agency such infor18 mation as may be required to determine if the charter

19 school is making satisfactory progress.

20 SEC. 216. SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.

21 Charter schools shall be selected by the public charter22 ing agency by taking the following factors into consider23 ation:

24 (1) The quality of the proposed curriculum and

25 instructional practices.
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1 (2) The degree of flexibility afforded by the local

2 educational agency.

3 (3) The extent of community support for the ap4 plication.

5 (4) The ambitiousness of the objectives for the

6 charter school.

7 (5) The quality of the strategy for assessing

8 achievement of those objectives.

9 (6) The likelihood that the charter school will

10 meet those objectives and improve educational results

11 for students.

12 TITLE III—MISCELLANEOUS

13 PROVISIONS

14 SEC. 301. None of the funds provided in this Act may

15 be used directly or indirectly for the renovation of the prop16 erty located at 227 7th Street Southeast (commonly known

17 as Eastern Market), except that funds provided in this Act

18 may be used for the regular maintenance and upkeep of

19 the current structure and grounds located at such property.

20 SEC. 302. ENERGY SAVINGS AT DISTRICT OF COLUMBIA FA21 CILITIES.

22 (a) REDUCTION IN FACILITIES ENERGY COSTS.—

23 (1) IN GENERAL.—The head of each agency of

24 the District of Columbia for which funds are made

25 available under this Act shall—
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1 (A) take all actions necessary to achieve

2 during fiscal year 1996 a 5 percent reduction,

3 from fiscal year 1995 levels, in the energy costs

4 of the facilities used by the agency; or

5 (B) enter into a sufficient number of energy

6 savings performance contracts with private sec7 tor energy service companies under title VIII of

8 the National Energy Conservation Policy Act (42

9 U.S.C. 8287 et seq.) to achieve during fiscal year

10 1996 at least a 5 percent reduction, from fiscal

11 year 1995 levels, in the energy use of the facili12 ties used by the agency.

13 (2) GOAL.—The activities described in para14 graph (1) should be a key component of agency pro15 grams that will by the year 2000 result in a 20 per16 cent reduction, from fiscal year 1985 levels, in the en17 ergy use of the facilities used by the agency, as re18 quired by section 543 of the National Energy Con19 servation Policy Act (42 U.S.C. 8253).

20 (b) USE OF COST SAVINGS.—An amount equal to the

21 amount of cost savings realized by an agency under sub22 section (a) shall remain available for obligation through the

23 end of fiscal year 2000, without further authorization or

24 appropriation, as follows:
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1 (1) CONSERVATION MEASURES.—Fifty percent of

2 the amount shall remain available for the implemen3 tation of additional energy conservation measures

4 and for water conservation measures at such facilities

5 used by the agency as are designated by the head of

6 the agency.

7 (2) OTHER PURPOSES.—Fifty percent of the

8 amount shall remain available for use by the agency

9 for such purposes as are designated by the head of the

10 agency, consistent with applicable law.

11 (c) REPORTS.—

12 (1) BY AGENCY HEADS.—The head of each agen13 cy for which funds are made available under this Act

14 shall include in each report of the agency to the Sec15 retary of Energy under section 548(a) of the National

16 Energy Conservation Policy Act (42 U.S.C. 8258(a))

17 a description of the results of the activities carried out

18 under subsection (a) and recommendations concerning

19 how to further reduce energy costs and energy con20 sumption in the future.

21 (2) BY SECRETARY OF ENERGY.—The reports re22 quired under paragraph (1) shall be included in the

23 annual reports required to be submitted to Congress

24 by the Secretary of Energy under section 548(b) of the

25 Act (42 U.S.C. 8258(b)).
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1 (3) CONTENTS.—With respect to the period since

2 the date of the preceding report, a report under para3 graph (1) or (2) shall—

4 (A) specify the total energy costs of the fa5 cilities used by the agency;

6 (B) identify the reductions achieved;

7 (C) specify the actions that resulted in the

8 reductions;

9 (D) with respect to the procurement proce10 dures of the agency, specify what actions have

11 been taken to—

12 (i) implement the procurement au13 thorities provided by subsections (a) and (c)

14 of section 546 of the National Energy Con15 servation Policy Act (42 U.S.C. 8256); and

16 (ii) incorporate directly, or by ref17 erence, the requirements of the regulations

18 issued by the Secretary of Energy under

19 title VIII of the Act (42 U.S.C. 8287 et

20 seq.); and

21 (E) specify—

22 (i) the actions taken by the agency to

23 achieve the goal specified in subsection

24 (a)(2);
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HR 2546 EAS

1 (ii) the procurement procedures and

2 methods used by the agency under section

3 546(a)(2) of the Act (42 U.S.C. 8256(a)(2));

4 and

5 (iii) the number of energy savings per6 formance contracts entered into by the agen7 cy under title VIII of the Act (42 U.S.C.

8 8287 et seq.).

9 SEC. 303. PAY OF MEMBERS OF CONGRESS AND THE PRESI10 DENT DURING GOVERNMENT SHUTDOWNS.

11 (a) IN GENERAL.—Members of Congress and the Presi12 dent shall not receive basic pay for any period in which—

13 (1) there is more than a 24 hour lapse in appro14 priations for any Federal agency or department as a

15 result of a failure to enact a regular appropriations

16 bill or continuing resolution; or

17 (2) the Federal Government is unable to make

18 payments or meet obligations because the public debt

19 limit under section 3101 of title 31, United States

20 Code has been reached.
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1 (b) RETROACTIVE PAY PROHIBITED.—No pay forfeited

2 in accordance with subsection (a) may be paid retro3 actively.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 2546

AMENDMENT
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